NAJIB Razak’s lawyers today argued that the evidence submitted by the prosecution fails to support the charge that the former prime minister abused his power by granting RM4 billion in loans to SRC International Sdn Bhd in 2011 and 2012.

The SRC International trial, which has entered the submissions stage, heard the defence’s argument that there was no “corrupt arrangement” on the part of the 66-year-old accused in Retirement Fund Inc’s (KWAP) decision to provide the loans.

The defence told the court that the prosecution’s evidence fails to establish that Najib’s actions leading to the cabinet’s decision to grant government guarantees to SRC International were part of a “corrupt arrangement”.

According to the submissions, presented by defence counsel Farhan Read and Harvinderjit Singh, the government guarantees were not the result of Najib’s involvement.

Farhan said the evidence fails to support an “irresistible inference that there was a nexus between the impugned acts and the payments”.

“The evidence taken cumulatively does not support an inference that Najib corruptly received the RM42 million that was deposited into his accounts.”

The lawyers said the government guarantees were granted due to the condition imposed by KWAP’s fixed income department and investment panel.

Also involved in the decision-making process were the Finance Ministry’s loan management, financial market and actuary division, the then Treasury secretary-general, as well as the cabinet, they said.

“The bottom line is that Najib had acted in national interests with the best of intentions,” said Harvinderjit, adding that such interests carried through in KWAP’s approval of loans and in cabinet meetings.

Najib faces one count of abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009, in addition to six other criminal charges. If convicted, he faces up to 20 years’ imprisonment.

He is accused of abusing his position through his participation in cabinet meetings on August 17, 2011 and February 8, 2012 that resolved to grant government guarantees to SRC International’s borrowings from KWAP.

Najib corruptly intended to obtain gratification amounting to RM42 million for himself in the process, said prosecutors.

The former prime minister is represented by a dozen lawyers, led by Muhammad Shafee Abdullah.

Attorney-General Tommy Thomas leads the prosecution, while Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali presides. – October 22, 2019.