Najib’s conduct not in national interest but a national embarrassment – Judge

PUTRAJAYA, Dec 8 — The Court of Appeal today ruled that Najib Razak’s conduct in relation to the SRC International Sdn Bhd case cannot be said to have served the national interest as it had turned out to be a national embarrassment.

Justice Datuk Abdul Karim Abdul Jalil said Najib was actively involved in ensuring that the RM4 billion of Retirement Fund Inc (KWAP) loans were disbursed to the company but, after the funds had been disbursed, the appellant (Najib) came indifferent to the whereabouts of the funds.

In a 54-page of summary judgment, Justice Abdul Karim said the former prime minister did not even ask SRC International as to what had happened to the funds, nor how it was utilized and for what purpose.

“He even instructed the second Finance Minister then (Datuk Seri Ahmad Husni Hanadzlah) to keep off SRC.”

“This conduct of the appellant can be indicative of only one thing, and that is, once the funds had been secured by SRC International, over which the appellant had overarching control, he was free to utilize them for his personal benefit.”

“This is manifested by the flow of the RM42 million from SRC International into his personal accounts. This is not something that can be said to have been done in the national interest. There is no national interest here, just a national embarrassment,” said Justice Abdul Karim who delivered the verdict with Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.

Justice Abdul Karim said the fact that Najib took part in the two Cabinet decisions to issue the two government guarantees to KWAP for the loans granted by KWAP to SRC was beyond question. 

“The evidence shows that the appellant was not only present but chaired the two Cabinet meetings held on Aug 17, 2011, and Feb 8, 2012, and was thus involved in the decisions of the Cabinet to approve the said government guarantees in favor of KWAP,” he said.

The judge said the matter was confirmed by Tan Sri Mazidah Abdul Majid (the 40th prosecution witness)  who was the then Deputy Head Secretary (Cabinet) in the Prime Minister’s Department.

“Mazidah confirmed that the appellant did not declare his interest in both Cabinet decisions, nor did he withdraw from the discussion in respect of these two items on the agenda, nor did he leave the meetings.”

“Such conduct would militate against the appellant and would go towards establishing the charge under Section 23 (1) of the Malaysian Anti-Corruption Commission  (MACC) Act 2009,” he said.

NMT as reported by Bernama