THE prosecution team in the trial of former prime minister Najib Razak, who is facing seven charges involving power abuse, criminal breach of trust (CBT) and money laundering of SRC International Sdn Bhd funds amounting to RM42 million, has requested the case be heard at the Palace of Justice (POJ) in Putrajaya.

This was announced by lawyer Sulaiman Abdullah, who was appointed by the attorney-general to lead the prosecution team in the case, when the matter came up for mention in the High Court today before judge Mohd Nazlan Mohd Ghazali.

Sulaiman said the request was made to ensure the smooth trial of the case and avoid any inconvenience.

“At the Palace of Justice, there is strict monitoring and access is limited, hence we can avoid congestion in the court area. Besides, many prosecution witnesses are from the Putrajaya area,” he added.

He said the prosecution would sent a letter to Chief Judge of Malaya Zaharah Ibrahim on the matter.

Najib’s lawyer, Muhammad Shafee Abdullah, did not object to it, but requested that Sulaiman, who was appointed by way of fiat (authorisation) by Attorney-General Tommy Thomas, produce his appointment letter as a new deputy public prosecutor.

Shafee said the defence wanted a copy of the appointment letter to ascertain whether the fiat was made under Section 376, 377 or 379 of the Criminal Procedure Code.

He said it was standard court procedure for the court to be informed of the appointment.

Sulaiman, however, objected to Shafee’s request, saying that the appointment letter was the government’s official secret.

Shafee also informed the court of the defence’s request for the prosecution to provide all documents on the case in hardcopy form, instead of CDs. 

“Give us the document in paper format. Many of the documents cannot be read in the CD format. Give us in the normal, traditional way to remove any doubts,” he said.

Sulaiman then informed the court that the prosecution would provide the documents in hardcopy as requested by the defence, but it would take some time.

Nazlan, who heard the hour-long submission by both parties, said the matter would be discussed at the next case management, which he fixed for October 31.

Najib, 65, who was in the dock, looked calm, with his head bowed most of the time. He entered the courtroom at 9.06am and went straight to the dock.

On July 4, Najib pleaded not guilty to three CBT charges and one count of abuse of power over funds totalling RM42 million belonging to SRC International. 

On the first charge, Najib was accused of – as a public servant and agent, namely prime minister and and finance minister, advisor emeritus of SRC International and in those capacities entrusted with control of funds belonging to SRC totalling RM4 billion – committing CBT involving RM27 million.

He was accused of committing the offences at AmIslamic Bank Bhd, Ambank Group Building, No. 55, Jalan Raja Chulan, Kuala Lumpur, between December 24, 2014, and December 29, 2014, and charged under Section 409 of the Penal Code, which provides for jail of up to 20 years and whipping, as well as a fine, if convicted.

On the second count, Najib was charged with – as prime minister and finance minister with control over SRC funds totalling RM4 billion – committing CBT involving RM5 million at the same place and time. 

On the third count, Najib was charged with – as prime minister and finance minister entrusted with SRC-owned funds of RM4 billion – committing CBT involving RM10 million at the same place between February 10, 2015, and March 2, 2015, under the same section of the Penal Code.

On the fourth count, Najib was charged with using his position to commit bribery involving RM42 million – when participating or being involved in a decision on behalf of the government – to provide government guarantees for loans from the Retirement Fund Incorporated Fund to SRC International amounting to RM4 billion.

He is accused of committing the bribery at the Prime Minister’s Office, Presint 1, Putrajaya, between August 17,  2011, and February 8, 2012.

The charge framed under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 – 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.

On August 8, Najib pleaded not guilty to three counts of money laundering involving RM42 million in proceeds from unlawful activities into two of his accounts four years ago.

On the three charges, Najib was alleged to have received RM27 million, RM5 million and RM10 million in proceeds from unlawful activities via Real Time Electronic Transfer of Funds and Securities (Rentas) into two AmIslamic Bank accounts belonging to him.

The offences were allegedly committed at AmIslamic Bank Bhd, AmBank Group Building, No. 55, Jalan Raja Chulan, Kuala Lumpur, between December 26, 2014, and February 10, 2015.

The prosecution was filed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 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. – Bernama, October 4, 2018.