The Malaysian Insight

THE prosecution has failed to prove beyond reasonable doubt that Najib Razak committed criminal breach of trust in the SRC International Sdn Bhd case, said the defence during oral submissions this morning.

The former prime minister faces three counts of CBT, one of abusing his position and three of money-laundering in relation to RM42 million in the entity’s funds that he received in 2014 and 2015.

Counsel Harvinderjit Singh told the Kuala Lumpur High Court that the prosecution attempted to demonstrate a connection between the 66-year-old Najib and 1Malaysia Development Bhd intermediary Low Taek Jho, better known as Jho Low.

Prosecutors previously argued that Najib trusted Low to play a part in running the company.

“But that wasn’t the charge,” said Harvinderjit.

“The charge was that Naib committed CBT. There was no charge of conspiracy or abetment.

“So, what actually happened was, the prosecution tailored their case to meet the explanation of the multiple inferences and statutory presumption.

“They cannot make their case without it being supported by documents or their witnesses.”

He said the prosecution also ignored the evidence submitted by the defence that the signatures of former SRC International CEO Nik Faisal Ariff Kamil and ex-director Suboh Md Yassin were forged on six banking instruction letters that led to RM50 million in transactions into Najib’s account.

“The prosecution said, ‘it doesn’t matter that they were cut and pasted, because there was no complaint by SRC International’.

“Tell me how CBT was committed, and not by using vague statements. How exactly did those six instruction letters come to be? There were six letters that went to the bank to remove RM50 million and put it into Najib’s account. Where was the CBT?

“The case is not run on probability; it is about proving their case beyond reasonable doubt.”

The defence said some RM290 million in SRC International’s account was disbursed at Low’s behest for his own interest, benefit and agenda. The sum includes the RM42 million that Najib is accused of misappropriating.

Najib did not cause the RM42 million to be transferred from SRC International’s account into his, said the defence, adding that the transactions took place without his knowledge.

The defence further said it was the Malaysian Anti-Corruption Commission’s findings in June 2018 that the transactions involving RM42 million were related to CBT jointly carried out by Nik Faisal, Low and others.

Najib faces up to 20 years in jail if convicted.

Presiding judge Mohd Nazlan Mohd Ghazali set today till Wednesday for final submissions, after which he will fix a date to deliver his verdict. – June 1, 2020.