This evidence casts doubt on the integrity of the ex-AG’s finding that Najib was innocent of the offences investigated by the MACC
by RAHIMI YUNUS / pic by BERNAMA
THE flow charts held by former Attorney General (AG) Tan Sri Mohamed Apandi Ali (picture) during a press conference (PC) in 2016 showed the funds that entered Datuk Seri Mohd Najib Razak’s accounts had originated from SRC International Sdn Bhd, not Arab donations.
In Najib’s SRC International appeal, ad-hoc prosecutor Datuk V Sithambaram told the Court of Appeal that the charts clearly showed the flow of the money through a layering process from SRC International to Najib’s bank accounts.
Ironically, he said the same flow charts used by Mohamed Apandi to exonerate Najib in the PC were later used by the prosecution in the SRC International trial.
Mohammed Apandi had been called as a defence witness during the trial, but Sithambaram questioned the integrity of the former’s testimony based on evidence adduced in the court.
“This evidence casts doubt on the integrity of Mohamed Apandi’s finding that Najib was innocent of the offences that were being investigated by the Malaysian Anti Corruption Commission (MACC),” Sithambaram said at the appeal hearing in Putrajaya yesterday.
In a press conference on Jan 26, 2016, Mohamed Apandi absolved Najib of any wrongdoings related to SRC International and 1Malaysia Development Bhd.
He was quoted as saying that there was no evidence to show that the then prime minister had solicited or was promised any gratification from any party either before, during or after the decision was made at a Cabinet meeting for the approval of government guarantees on the RM4 billion loaned to SRC International.
He ordered MACC to close the investigation against Najib.
However, former MACC chief commissioner Tan Sri Dzulkifli Ahmad had testified that the MACC continued investigating SRC International which resulted in the current charges.
Sithambaram said Mohamed Apandi had agreed that the decision he made in exonerating Najib was based on available material in the investigation papers as of Jan 26, 2016.
“Mohamed Apandi agreed he was not aware that 76 new statements were recorded from witnesses relevant to the investigation,” he said.
Besides that, Sithambaram told the appellate court that SRC International’s business plan was a sham, whereby it was just on paper but nothing had materialised.
Justice Datuk Abdul Karim Abdul Jalil raised questions on the intention of SRC International’s establishment.
Abdul Karim: You are saying the whole thing is a sham, that the setting up of SRC International is a sham?
Sithambaram: No, the setting up of the company is not a sham, but the investments are.
Abdul Karim: So, it is a sham to cover the real intention?
Sithambaram: Yes. If the company really did the investments and had millions in profits or 100% profits, you still cannot take RM42 million for your own use.
Najib was found guilty of all the seven charges — one count of abuse of position, three counts of criminal breach of trust (CBT) and three counts of money laundering — relating to the misappropriation of RM42 million belonging to SRC International.
High Court sentenced Najib to 12 years of jail and fined RM210 million for abuse of power involving RM42 million of funds misappropriated from SRC International.
He also sentenced Najib to 10 years of jail each for three CBT offences and 10 years of jail each for three money-laundering offences committed in the fund’s embezzlement.