EVIDENCE from defence’s own witnesses during Najib Razak’s trial showed the former prime minister had enjoyed personal gratification through SRC International Sdn Bhd, the prosecution told the Court of Appeal today.

Lead prosecutor V. Sithambaram submitted in Najib’s appeal hearing that these defence witnesses were actually brought to support claims of Najib’s national interest in setting up SRC International. 

Sithambaram said the evidence provided by former attorney-general (AG) Mohamed Apandi Ali, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Dzulkifli Ahmad and former treasury secretary-general Mohd Irwan Serigar Abdullah however reflected otherwise. 

Sithambaram told the appellate court that Apandi, who testified as the 14th defence witness during the SRC trial at the Kuala Lumpur High Court, had revealed that his decision to exonerate Najib in 2016 was premature. 

“During cross-examination, Apandi agreed that the decision he made was based on available material in the investigation papers as at January 26, 2016,” the lawyer said.  

In that same month, Apandi had issued two press releases instructing the MACC investigations against Najib to be closed. 

He had said that he was satisfied, inter alia, that there was no evidence to show Najib had abused his position to approve the government guarantees of RM4 billion loan to SRC from Retirement Fund Inc (KWAP). 

High court judge Mohd Nazlan Mohd Ghazali, who sentenced Najib to 12 years in prison and fined him RM210 million for misappropriation of RM42 million of SRC International funds, said Apandi’s evidence failed to cast a doubt on the prosecution case. 

“It is trite law that the decision of any court is not based on the opinion of any person but based on evidence produced in court,” Sithambaram said. 

In fact, the prosecutor said, the flow charts that Apandi used during the January press conference showed clearly the SRC funds entering Najib’s bank accounts were not from Arab donations or any other sources. 

“Judge Nazlan had also considered the evidence of Dzulkifli (17th defence witness) who headed the AG’s Chambers team in reviewing the SRC investigation papers on Apandi’s instructions.

“The evidence of Dzulkifli showed that even though the then AG had exonerated Najib from any involvement in the SRC matter, the MACC was still firmly investigating the SRC and RM2.6 billion case. 

“Clearly the further investigations that were conducted resulted in the present charges.” 

Similarly, Sithambaram added that the defence’s reliance on their third witness Irwan, then deputy secretary-general of the Finance Ministry, also failed. 

“Irwan explicitly stated that throughout his tenure with the Finance Ministry, he had never personally come across a situation where a government guarantee was granted in favour of a newly established company with no track record or ability to repay the loan (referring to SRC).”

The prosecution closed its submissions today, emphasising that evidence decisively pointed Najib had therefore received the gratification for his own discretion. 

On July 28 last year, Nazlan had found the Pekan MP guilty on seven charges of criminal breach of trust, money-laundering and abuse of power. 

Najib, 67, is currently out on bail of RM2 million in two sureties.

The appeal hearing resumes on Monday before a three-man bench led by Court of Appeal judge Abdul Karim Abdul Jalil. 

The two other judges are Vazeer Alam Mydin Meera and Has Zanah Mehat. – April 15, 2021.