PUTRAJAYA, Aug 18 — The Federal Court here today was told that all actions taken by Datuk Seri Najib Tun Razak in the SRC International Sdn Bhd case were to achieve his personal desire to cause wrongful gain to himself and wrongful loss to the company.
Ad hoc prosecutor Datuk V. Sithambaram submitted that there was no evidence whatsoever that the appellant (Najib) had ever acted to protect and preserve the interests of SRC, as he was legally obliged to do.
“Najib was the prime minister, finance minister and also advisor emeritus of the company. It was plain and obvious that he used all his positions to extract financial gain from the RM4 billion Retirement Fund Inc (KWAP) loan to SRC. The criminal intention of the appellant is executed by the appellant wearing different hats.”
“What was the appellant’s plan for the billions standing frozen in a Swiss bank is anybody’s guess. It was the mens rea of the appellant in executing the criminal intent in various capacities that enabled him to commit the seven offences charged.”
“No artificial demarcation of the role of the appellant in various capacities should be entertained as it was his sole intention to commit crimes in the varied roles played by him in the country’s administration and in SRC,” the deputy public prosecutor (DPP) said at the hearing of Najib’s appeal against his conviction and jail sentence for the misappropriation of RM42 million in SRC International funds.
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