The Malaysian Insight

THE defence has accused the prosecution of unlawfully changing the scope of its case against Najib Razak by now claiming that the former prime minister had conspired with Low Taek Jho, who led a “triumvirate” of executives, to defraud SRC International.

Najib faces three counts of criminal breach of trust, one of abusing his position and three of money-laundering in relation to SRC International funds amounting to RM42 million that he received in 2014 and 2015.

The trial, which began on April 3 last year, saw 57 prosecution witnesses testifying before the defence was called. Eighteen witnesses appeared for the defence from December 3 to March 11. The case is now at submissions stage.

Najib’s lawyer Harvinderjit Singh told the Kuala Lumpur High Court during oral submissions today that Najib’s criminal breach of trust charges made no mention of abetment or conspiracy.

The lawyer said the prosecution had initially said that Low’s role in SRC International was limited to keeping the former prime minister informed on the status of the bank accounts.

He said the prosecution later changed its case to include evidence obtained by the defence during cross-examination of witnesses.

The prosecution now claimed that Low had acted jointly in a “triumvirate” with former SRC International Nik Faisal Ariff Kamil and Najib’s late private secretary Azlin Alias to ensure there were sufficient funds in Najib’s bank accounts so that cheques were not dishonoured, Harvinderjit said.

The prosecution altered its case to say that Najib was also conspiring and acting in tandem with Low, which defence lawyers said were allegations that were not explicitly listed in the charge sheet.

Harvinder said there were other inconsistencies between when the prosecution positioned its case at the start of the trial and after defence witnesses were called.

He said the prosecution had unlawfully “tailored their case” in the final stage of the trial based on statements from defence witnesses.

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. 

Upon the conclusion of the defence’s oral submissions, the prosecution will take its turn via ad hoc prosecutor V. Sithambaram.

Pekan MP Najib, who turns 67 next month, is represented by a dozen lawyers led by Muhammad Shafee Abdullah. 

The trial continues. – June 1, 2020.