{"id":4061,"date":"2020-06-03T18:18:37","date_gmt":"2020-06-03T10:18:37","guid":{"rendered":"https:\/\/newmalaysiatimes.com\/?p=4061"},"modified":"2020-06-04T07:18:55","modified_gmt":"2020-06-03T23:18:55","slug":"najib-knew-rm42-million-was-src-funds-and-spent-all-says-prosecution","status":"publish","type":"post","link":"https:\/\/newmalaysiatimes.com\/?p=4061","title":{"rendered":"Najib knew RM42 million was SRC funds and spent all, says prosecution"},"content":{"rendered":"
\n

KUALA LUMPUR, June 3 –\u00a0Former prime minister\u00a0Datuk Seri Najib Tun Razak had\u00a0actual knowledge over the RM42 million of\u00a0SRC International Sdn Bhd\u00a0money in his accounts,\u00a0the High Court was told today.<\/p>\n

Ad hoc\u00a0prosecutor Datuk V. Sithambaram said, in fact, Najib had\u00a0used the money\u00a0for his\u00a0benefit and\u00a0spent it\u00a0for various purposes\u00a0including\u00a0RM2.3 million for shopping in Italy.<\/p>\n

\u201cThe evidence adduced in court is that he was\u00a0spending the monies;\u00a0it shows that he had\u00a0actual knowledge of the monies\u00a0in his three accounts.<\/p>\n<\/div>\n

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\u201cThe monies went into his accounts;\u00a0we have to trace back the events that led to it…whether Datuk Seri Najib ought to have known it or turned a blind eye,\u201d he said in\u00a0the prosecution\u2019s reply to the defence\u2019s submissions.<\/p>\n

Today is the third\u00a0day of hearing of the oral submissions at the end of the defence case.<\/p>\n

He said the accused throughout his testimony maintained that he did\u00a0not know the inflow of funds into his private accounts as he did not manage his accounts.<\/p>\n<\/div>\n

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\u201cWhen the accused was confronted to provide a reason why Datuk\u00a0Azlin\u00a0(his principal\u00a0private secretary, the late\u00a0Datuk Azlin Alias)\u00a0or Nik Faisal Ariff Kamil\u00a0(former CEO of\u00a0SRC)\u00a0would not have told him that RM27 million and RM5 million had entered into his account on Dec 26,\u00a02014 (being the subject matter of two of the CBT charges), he was unable to provide any reason and simply said \u2018I don\u2019t know why\u2019.<\/p>\n

\u201cThis is no ordinary accused but the Prime Minister and Finance Minister of\u00a0Malaysia. Hence the accused\u2019s attempt to show lack of knowledge of his multi-million account is a pure fabrication and ought to be rejected,\u201d said the prosecution.<\/p>\n

He said Najib in his evidence said he had\u00a0no knowledge of RM42 million paid into his accounts in December 2014 and February 2015 although he said\u00a0Azlin was managing his accounts\u00a0on his behalf.<\/p>\n<\/div>\n

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\u201cWhy would Datuk\u00a0Azlin not tell him of the arrival of the RM42 million into the accused\u2019s account? Why would the accused not know of this RM42 million when he spent the same? asked\u00a0the DPP.<\/p>\n

He said the accused admitted\u00a0of the RM10 million equivalent to the RM49 million that went into account\u00a0880, only a sum of RM848,000 was left before the RM42 million came into his\u00a0account.<\/p>\n

\u201cIn either case the accused knew or ought to have known that RM42 million had been credited into his account. Without knowing the credit how did the accused spend the RM42 million?\u201d he added.<\/p>\n

He said Najib\u2019s\u00a0defence was that he was not responsible for the credits into his accounts\u00a0but only responsible for spending the monies i.e. debits in his accounts.<\/p>\n

The DPP further argued that the accused downplayed Jho Low\u2019s (fugitive businessman\u00a0Low Taek Jho) role by stating that Jho Low was dealing with Nik Faisal and Azlin with regard\u00a0to\u00a0his\u00a0accounts.<\/p>\n

\u201cWhether Jho Low was dealing with the accused, Nik Faisal or Datuk\u00a0Azlin, it is clear that Jho Low was dealing with the accused\u2019s accounts and with the accused\u2019s knowledge and consent,\u201d he said.<\/p>\n

Sithambaram\u00a0described as \u2018fascinating\u2019 Najib\u2019s claim that he never looked at\u00a0his bank statements for five years.<\/p>\n

He said Najib had\u00a0confirmed that the bank statements were kept by Nik Faisal with\u00a0the knowledge of\u00a0Azlin.<\/p>\n

He further said that Jho Low\u2019s role\u00a0was\u00a0to ensure that the bank statements of his boss (Najib)\u00a0remained confidential.<\/p>\n

The DPP said the bank statements were\u00a0critical as\u00a0each of them would\u00a0show\u00a0actual knowledge of the accused over the money\u00a0in his accounts.<\/p>\n

\u201cWhy the accused did not want to take possession of\u00a0his bank statements particularly\u00a0his three accounts?\u2026Both Nik Faisal and Azlin had\u00a0access to the bank statements as confirmed by Datuk Seri (Najib).<\/p>\n

\u201cIt\u00a0is not disputed that the accused could have obtained the bank statements from Nik Faisal or from the bank\u00a0at any time.<\/p>\n

\u201cThe accused as an account holder is\u00a0entitled to\u00a0the bank statements. The bank statements were not kept away from the accused but the accused kept away from the bank statements,\u201d he said.<\/p>\n

On the alleged\u00a0forged signatures on\u00a0several SRC\u00a0documents when Najib was giving his statement to the Malaysian Anti-Corruption Commission (MACC),\u00a0Sithambaram said\u00a0the issue of the authenticity\u00a0of Najib\u2019s signatures\u00a0suddenly cropped up\u00a0during the defence stage trial when they (defence) never clearly challenged the originality during the prosecution case.<\/p>\n

\u201cThe prosecution finds it absurd that the accused claimed that he is doubtful of his signatures on the disputed documents, only after being told that the original documents were not tendered during the trial.<\/p>\n

\u201cThe burden of proving that the signatures were forged falls on the defence, provided that it was them who brought up the matter that the signatures may have been forged,\u201d he said.<\/p>\n

Sithambaram further submitted that there was no burden on the prosecution to disprove forgery for the accused, especially when the accused had confirmed with the investigating officer those were his signatures.<\/p>\n

\u201cThe defence even insisted to bring in an expert\u00a0from Australia to examine the allegedly forged signatures, although nothing was done to that effect.<\/p>\n

\u201cAs abruptly as this application was filed (to bring in expert), the demise is equally as quick. The defence later informed the court that an impasse has arisen relating to the expert\u2019s appointment.<\/p>\n

\u201cThe defence should have appointed another expert if there was any truth in their claim (regarding forged signatures)\u00a0but that was not done, especially he needed to verify his signatures. However, nothing transpired in the defence to rebut or relook at this,\u201d he said.<\/p>\n

Najib is facing seven charges of misappropriating RM42 million in SRC International funds, comprising three counts of criminal breach of trust (CBT), three counts of money laundering and one count of abuse of position\u00a0in relation to the SRC funds.<\/p>\n

The Pekan MP allegedly committed\u00a0the offences\u00a0at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan here and\u00a0at the Prime Minister’s Office, Precinct 1, Putrajaya,\u00a0between Aug 17, 2011 and \u00a0March 2,\u00a02015.<\/p>\n

The hearing of the submissions before Justice Mohd Nazlan Mohd Ghazali continues tomorrow.<\/p>\n

– BERNAMA<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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