NAJIB Razak’s lawyers are expected to conclude their submissions in the SRC International trial today, where they will argue that there is insufficient evidence to proceed with the case.

They are expected to urge the court to throw out prosecution documents, particularly those bearing the former prime minister’s signature, which the defence said were forged.  

Najib’s charges are linked to RM4 billion in loans issued to SRC International in 2011 and 2012, of which he is accused of receiving RM42 million in his personal accounts in 2014 and 2015.

The 66-year-old was charged with three counts of criminal breach of trust, three counts of money laundering and one count of abuse of power.

The Pekan MP faces up to 20 years imprisonment if convicted.

Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali will decide whether there is a prima facie case against the former prime minister, after which Najib will be asked to enter his defence.

Nazlan will deliver his decision on November 11.

Najib is represented by a dozen lawyers, led by Muhammad Shafee Abdullah while Attorney-General Tommy Thomas leads the prosecution.

The Malaysian Insight brings you today’s proceedings live:

2.15pm: Submissions have ended. Court is adjourned till November.

2.08pm: Shafee says he MACC act provides the total defence of his client as he is immune to any prosecution.

Shafee says Section 23, Subsection 4 of the MACC Act states that: This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.

Najib’s lawyer ends his submission.

2.03pm: Shafee ends by saying that in relation to the lack of knowledge Najib had pertaining to the sources of the money: 

“Yang Ariff should not call for defence just to know what he is going to say. That isn’t the court’s function.” 

He says they shouldn’t ask why Jho Low worked that way because they are dealing with a conman. 

“We don’t know the mind of a conman, there are thousands of inferences we can use.”

1.55pm: Shafee contends that according to the evidence act, if a party wants to submit copies of  documents as evidence, they must then produce its original. If they cannot, then it is not admissible.

1.30pm: Shafee says that the directors of SRC International had dominion over the company, whereas Najib didn’t have such powers over the company’s assets.

12.43pm: Shafee goes through case law, whereby an Amla offence must be proven as a predicate offence.

12.32pm: Shafee explains that if person A gives a bribe to person B, Amla is applicable only if person B uses the money to make a transaction.

12.16pm: Shafee goes through the chronology of the transfer of funds into Najib’s accounts.

12.12pm: Court resumes. Shafee begins his wrap-up.

He says he will endeavour to clarify the charges against Najib. He adds that the Anti-Money Laundering Act (Amla) is fairly new, and there are few Amla cases for him to refer to.

11.50am: Shafee asks for a short break before he wraps up his submission.

Court takes a break.

11.45am: Farhan Read tells judge Nazlan that the formation of SRC International was a public interest initiative. He also says  prosecution witness number 45 Wan Aziz Wan Abdullah had testified that there were no shortcuts in obtaining the KWAP loan.

The defence lawyer tells the judge that calling Najib to the stand would be fascinating and interesting but that line of thinking should not be encouraged in the courtroom. 

He says if the attorney-general is curious about what Najib has to say, Ling Liong Sik’s affidavit will make for good “bedtime reading”.

11.15am: Harvinderjit says Najib did not make a police report on the transactions entered between December 2014 and February 2015 as there was no need to do so due to the ongoing investigations against 1Malaysia Development Bhd at that time.

Agencies probing into the scandal then include the special task force formed in July 2015, the police, the Malaysian Anti-Corruption Commission and the Attorney-General’s Chambers.

10.35am: Harvinderjit argues that the signatures of former SRC International CEO Nik Faisal Ariff Kamil and other directors were copied and pasted to allow Rentas transactions to go through.

10.18am: Harvinderjit argues that the documents submitted by the prosecution is not admissible because it was difficult to authenticate whether they were copies or originals.

The defence lawyer now goes into a different area of his submission

10.05am: The defence is seeking to dismiss some documents as evidence.

9.50am: Sithambaram is going through case law where this is applicable.

9.45am: Sithambaram tells judge Nazlan that documents obtained by the MACC are admissible in court.

9.25am: Court is in session. Sithambaram begins his submission. – October 23, 2019.