Najib’s SRC case: Defence closes case, Court sets May 12 for submission


The defence in former Prime Minister Datuk Seri Najib Tun Razak’s (picture) case involving misappropriation of RM42 million belonging to SRC International Sdn Bhd closed its case today after calling 19 witnesses.

Judge Mohd Nazlan Mohd Ghazali then set April 21 for both parties to submit their written submissions and four days, beginning May 12 for the oral submissions.

Lawyer Tan Sri Muhammad Shafee Abdullah, representing Najib, told the court that the defence was closing its case after Malaysian Anti-Corruption Agency (MACC) assistant commissioner (forensic accounting) Regjit Singh was called to testify.

“With this, the defence trial, which ran for 33 days since Dec 3 last year, ends today,” he added.

A total of 807 exhibits were tendered during the 91-day trial of the case which began on April 3, 201, during which the prosecution called 57 witnesses.

Besides Najib, other key witnesses who testified during the defence trial were former secretary-general of Treasury Tan Sri Mohd Irwan Serigar Abdullah; former Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom; former Foreign Minister Datuk Seri Anifah Aman; former Attorney-General Tan Sri Mohamed Apandi Ali; and former Malaysian Anti-Corruption Commission (MACC) chief commissioners Tan Sri Dzulkifli Ahmad and Latheefa Koya. 

Najib, 67, who was the sixth Prime Minister of Malaysia (from April 2009 to May 2018) is the country’s first prime minister to be charged in court.

He is facing three counts of criminal breach of trust (CBT) and one charge for power abuse involving RM42 million in SRC funds, allegedly committed between Aug 17, 2011 and Feb 10, 2015.

The CBT charges against Najib are:

*On the first charge, Najib was accused of, as a public servant and agent, namely the Prime Minister and Finance Minister of Malaysia,  Advisor Emeritus of SRC International Sdn Bhd (SRC) and in those capacities entrusted with control of funds belonging to SRC International totalling RM4 billion, having committed CBT involving a sum of RM27 million.

He was charged with committing the offence at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan, here, between Dec 24, 2014, and Dec 29, 2014, and charged under Section 409 of the Penal Code which provides for a maximum jail term of up to 20 years and whipping and also a fine, if convicted.

*On the second count, Najib was charged with, as the Prime Minister and Finance Minister with control over SRC funds totalling RM4 billion, having committed CBT involving RM5 million at the same place and during the same time frame. 

*On the third count, Najib was charged with, being the Prime Minister and Finance Minister entrusted with  SRC-owned funds of RM4 billion, having committed CBT involving RM10 million at the same place between Feb 10, 2015, and March 2, 2015, according to the same section of the Penal Code.

On the charge for power abuse, Najib was alleged to have used his position as a public official, namely the Prime Minister and Minister of Finance of Malaysia, to commit bribery involving RM42 million when he participated or was involved in a decision on behalf of the Malaysian government to provide government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4 billion.

He was charged with committing the bribery at the Prime Minister’s Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.

The charge, framed under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act, provides for a jail term of up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, if convicted.

Then, on Oct 8, 2018, Najib was charged again with three counts of money laundering in relation to the SRC funds, but the case was then transferred to the High Court, where he was charged with receiving RM27 million, RM5 million and RM10 million, respectively, which were proceeds from unlawful activities, via Real Time Electronic Transfer of Funds and Securities (Rentas) into two AmIslamic Bank Berhad accounts of his bearing the numbers 2112022011880 and 2112022011906.

The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, No. 55, Jalan Raja Chulan, here, between Dec 26, 2014, and Feb 10, 2015.

The charges were filed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 which provides for the penalty under Section 4(1) of the same act. 

The section provides for, upon conviction, a maximum jail term of 15 years and a fine of up to five times the sum or value of the proceeds of the unlawful activities or instrumentalities of the offences at the time that the offences were committed or RM5 million, whichever is the higher.