THE prosecution has not been able to show proof that Najib Razak was behind the RM42 million in transactions from SRC International into his bank accounts between December 2014 and February 2015, said the defence at the closing of its submissions.

Lead defence counsel Muhammad Shafee Abdullah, in reply to submissions by the prosecution, said SRC International as well as AmBank, which held Najib’s and the company accounts, were in a “chaotic state” and unknown persons had taken advantage of it.

The prosecution never resolved the testimony of former SRC International director Suboh Md Yassin that his signature and that of former CEO Nik Faisal Ariff Kamil on banking instruction letters were likely forged, he said.

The prosecution also did not address why the bank honoured cheques and allowed transactions, despite being merely supplied soft copies of signatures against banking rules.

“It is chaotic. It’s best described that the bank and SRC were at sixes and sevens,” Shafee said.

“None of this evidence was ever shown by the prosecution. All they showed was that money went into his account, which I have said over and over again, that it is only one ingredient of five that is required… the most important of which is, did he cause the transactions?”

Najib faces seven charges for receiving RM42 million in SRC International funds between December 24, 2014 and February 6, 2015.

The former prime minister is charged with three counts of criminal breach of trust, three counts of money-laundering and one count of abuse of power.

Shafee said the transactions were unauthorised and illegal, as they were not sanctioned by the client-bank contract.

The lawyer also directed attention to Nik Faisal’s statement recorded by the Malaysian Anti-Corruption Commission, where he denied any knowledge over the RM42 million transacted by SRC International. Nik Faisal is currently a fugitive.

“Now that we know that the prosecution agreed that the signatures are not like his… So, who actually caused the transfers?

“Who moved and layered the transactions through two companies to be sent to Datuk Seri Najib? If that question is to be answered in a very inquisitorial approach, I now begin to wonder whether this state of chaos, was it purposely done?

“Which means, was there a method in the madness? And who was behind it? Clearly there is no proof that my client is involved.

“There is not an iota of evidence that he was involved in causing the funds to be transacted,” he said, adding that by the defence’s “calculations”, rogue bankers and officers in SRC International were involved.

Ad hoc prosecutor V. Sithambaram responded saying that evidence did indeed show that Najib had “control and dominion” over SRC International, with a “triumvirate” of agents comprising 1Malaysia Development Bhd intermediary figure Low Taek Jho, Najib’s late principal private secretary Azlin Alias, and former SRC International CEO Nik Faisal Ariff Kamil having caused the transfer of the RM42 million from SRC International.  

“It is the prosecution’s case that the accused is the ‘shadow director’. Whether we prove it or not is for your lordship to determine. We have also argued that Najib has control over the company as prime minister, finance minister and as a public officer.

“Therefore, my lord, if the funds had come into Najib’s account by the actions of SRC International, under the dominion of SRC International itself, they (the defence) cannot now come and say, ‘Why was it improperly done?’

“The fact that SRC International did not take any action for a large sum of RM42 million leaving SRC International, and the fact the recipient never took any action as well, clearly confirms that this was all done with the knowledge (that an offence occurred). This is not a case of sixes and sevens, as presented by the defence. This was to hide this offence from the world. That was why it was done the way it was,” said Sithambaram.

The Kuala Lumpur High Court will deliver its verdict on July 28.

Presiding judge Mohd Nazlan Mohd Ghazali said this after submissions were brought to a close today. 

“This court has over the whole of this day heard submissions by both the defence and prosecution, and also lengthy and extensive, albeit in parts repetitive, written submissions, which in total run close to 2,000 pages,” said Nazlan.

“This will nevertheless assist this court to evaluate and determine whether the prosecution has proven its case beyond reasonable doubt.”

The Pekan MP, who turns 67 next month, left without speaking to the press.  – June 5, 2020.