THE US$681 million (RM2.6 billion) that made its way into Najib Razak’s account was one of the mainstays of the defence stage in the SRC International trial, which ended today after three months of courtroom drama.

The money, which was deposited into Najib’s personal bank account in 2013, is the subject of another ongoing 1Malaysia Development Bhd trial, but defence lawyers have instead put forth their argument in the SRC International trial that the money was a legitimate donation from Saudi Arabia.

Najib’s lawyers had argued that he was under the impression his accounts were flushed with the donation from Saudi royals when he signed off millions in cheques in 2014 and 2015, which formed part of the seven criminal charges he faces in the SRC International trial.

Prosecutors said the RM2.6 billion was linked to 1MDB and Najib conspired with others to defraud the entity, including its former subsidiary, SRC International.

Last month, defence lawyers called up two former ministers from Najib’s cabinet and an ex-envoy who testified to attending a meeting on January 11, 2010 where the late Saudi ruler King Abdullah Abdul Aziz Al-Saud was alleged to have offered Najib a donation to help win the 2013 election.

The meeting was allegedly witnessed by former foreign minister Anifah Aman, then Malaysian ambassador to Saudi Arabia Syed Omar Al-Saggaf and then Islamic affairs minister Jamil Khir Baharom.

They testified that they were informed by Najib that King Abdullah had offered the donation to ensure Malaysia remains a model Islamic country and to curb the spread of discord following the Arab spring uprising.

Jamil Khir went a step further and testified he overheard the king offering to channel the donation directly to Najib’s bank accounts to avoid political complications.

However, the prosecution obtained a Islamic Development Department (Jakim) bulletin which purportedly showed Jamir Khir was not present in Saudi Arabia but was instead in Putrajaya delivering a speech on January 11, 2010.

The defence also subpoenaed several members of a Malaysian Anti-Corruption Commission team who traveled to Riyadh on November 29, 2015 and met a Saudi prince, who purportedly signed four letters acknowledging donations from the Saudi royal family to Najib.

The team, however, did not manage to question the prince named Saud Abdulaziz Majid Al Saud.

MACC investigating officer Fikri Ab Rahim testified that although they verified the prince’s identity with his passport, the prince then left while his appointed representative, a lawyer named Mohammad Abdullah Al Koman, remained to give a statement on Saud Abdulaziz’s behalf. 

Another mainstay of the defence’s argument were the testimonies by former attorney-general Mohamed Apandi Ali and former deputy public prosecutor Dzulkifli Ahmad that Najib was not charged in 2016 because they believed he was not fully aware of the transactions into his accounts.

The duo further said there was no evidence that Najib ordered for RM42 million to be channeled into his account in 2014 and 2015.

Former MACC chief Latheefa Koya was also called to the stand to explain her decision to publicly release on January 8 nine audio recordings of conversations that included Najib, his wife Rosmah Mansor, former MACC chief Dzulkifly Ahmad who was then a prosecutor with the Attorney-General’s Chambers, Umno lawmaker Azeez Abdul Rahim, as well as United Arab Emirates Crown Prince Sheikh Mohammed Zayed Al Nahyan.

The MACC alleged the individuals had conspired to manipulate information regarding 1Malaysia Development Bhd and SRC International.

Latheefa agreed with the defence’s suggestion that the recordings may not be admissible as evidence in court as their history, provenance and originality could not be verified.

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 SRC International trial’s presiding judge Mohd Nazlan Mohd Ghazali has set May 12 for final submissions to begin, after which he will set a date to deliver his verdict.

Najib has a total of five criminal cases against him. His other ongoing 1MDB trial will resume tomorrow.

For that case, Najib faces four charges of abusing his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 counts of money laundering involving the same amount. – March 11, 2020.