THE High Court judge erred in holding Najib Razak accountable for the transfer of RM42 million from SRC International Sdn Bhd into his personal bank accounts, the Court of Appeal heard today.

High Court judge Mohd Nazlan Mohd Ghazali wrote in his judgment that Najib exercised his controlling powers in the cabinet meetings he chaired in 2011 and 2012 for personal access to more SRC funds.

This included the RM42 million credited into his “880” and “906” accounts in late 2014 and early 2015.

Najib’s defence team submitted today that such a finding was highly prejudicial to the appellant.

“While the charges imply a prior discussion or bargain as a nexus between the decision and gratification, no evidence was led to that effect,” lawyer Farhan Read said.

“Najib should never have been charged under Section 23 MACC (Malaysian Anti-Corruption Commission) Act 2009.

“The criminal law is not an avenue to hold the accused accountable,” Farhan said, adding that Najib had received several other deposits into his accounts from funds elsewhere and not only from SRC.

He told the Court of Appeal bench – Abdul Karim Abdul Jalil, Has Zanah Mehat and Vazeer Alam Mydin Meera – that RM27 million and RM5 million received in July 2014 and September 2014 were channelled through Putrajaya Perdana’s subsidiaries, PPC (Putra Perdana Construction Sdn Bhd) and PBSB (Permai Binaraya Sdn Bhd) respectively.

“And the RM12 million cash deposit performed by Low Taek Jho’s associate Kee Kok Thiam was on the instructions of Low in 2013 to 2014.

“Apart from these amounts, Najib’s accounts had also received various deposits from foreign sources in 2011 to 2014, during which the Arab donations were incoming,” the lawyer said.

Farhan said it was clear that the receipt of RM42 million was singled out as specifically intended gratification, excluding all other sources.

Najib was found guilty in July last year of all seven charges – one count of abuse of position, three counts of criminal breach of trust (CBT) and three counts of money laundering – relating to the misappropriation of RM42 million belonging to SRC International, a former unit of 1Malaysia Development Bhd.

The former prime minister was sentenced to 12 years in jail and fined RM210 million. He then submitted 307 grounds on why he should be cleared of the charges and is currently out on bail of RM2 million with two sureties pending appeal.

The appeal hearing continues. – April 13, 2021.