DEFENCE witness Dzulkifli Ahmad has denied being involved in a cover-up for Najib Razak when criminal charges against the former prime minister were dropped in 2016.

Dzulkifli, who was a deputy public prosecutor then, also denied a suggestion by ad hoc prosecutor V. Sithambaram that the Attorney-General’s Chambers and Malaysian Anti-Corruption Commission were engaged in mere theatrics when investigation papers on Najib were shuffled between the agencies.

Then attorney-general Mohamed Apandi Ali on January 26, 2016 cleared Najib of all criminal wrongdoing with regard to the flow of RM2.6 billion in 1Malaysia Development Bhd-linked funds and RM42 million in SRC International Sdn Bhd money into his bank accounts.

During cross-examination today, Sithambaram suggested that Apandi’s instruction to send back investigation papers to MACC was nothing but a “sandiwara” (theatrics) as a decision had already been made to classify Najib’s case as “no further action”.

“That is merely an accusation by the prosecution. It’s not true at all,” said Dzulkifli.

MACC delivered the probe papers on December 31, 2015 and proposed that Najib be charged over the 1MDB scandal.

Abu Kassim Mohamed was head of the anti-graft agency at the time. He was replaced by Dzulkifli on August 1, 2016.

The witness testified that Apandi’s reason for returning the papers to MACC was to seek further clarification.

“It was important to determine whether a case against Najib could be proven.”

Sithambaram interjected, saying it was “merely to cover up” the fact that a decision to drop Najib’s case had already been made.

“This is not true at all. These are further accusations on the part of the prosecution,” said Dzulkifli.

Sithambaram then asked him whether he was aware that MACC investigating officer Rosli Dahlan had interviewed another 76 witnesses before submitting the papers to AGC.

Dzulkifli objected to the line of questioning, to which the prosecutor told him to stop behaving like a “defence counsel”.

During re-examination by lead defence lawyer Muhammad Shafee Abdullah, Dzulkifli reiterated his belief that Najib is innocent.

“The remittance of money into an account is not a crime in itself, unless it was with the intent or knowledge of wrongdoing, in which case, it would constitute a crime, also known as mens rea.

“You must be aware that the money is from illicit activities. Only then is it an offence.”

Najib faces three counts of criminal breach of trust, one of abusing his position and three of money-laundering in relation to SRC International funds amounting to RM42 million that he received in 2014 and 2015.

The 66-year-old faces up to 20 years in jail if convicted.

The defence has argued that the former Umno president was manipulated by others who were managing his accounts. Najib maintains that he was under the impression that the RM42 million was a donation from Saudi royals.

Prosecutors said the funds are linked to 1MDB, and that Najib conspired with others to defraud the entity, including its former subsidiary, SRC International.

Lawyers will deliver their final submissions on May 12, after which justice Mohd Nazlan Mohd Ghazali will set a date for the verdict. – March 11, 2020.