CONVICTED former prime minister Najib Razak’s argument that his signatures could have been forged on important SRC International documents was an afterthought defence, the prosecution told the Court of Appeal today.

“It is an afterthought to rebut the court’s findings at the close of the prosecution case, that he was the agent and shadow director of SRC,” lead prosecutor V. Sithambaram said.

The documents included those signed by Najib and sent to AmBank to transfer RM27 million to Permai Binaraya Sdn Bhd and RM5 million to Putra Perdana Construction from his own account.

“The appellant and his mandate holder did not have any dispute with AmBank on this transfer at the time.

“These documents were used to transact, in the millions and without a single protest, is a confirmation of the authenticity of all the disputed documents,” the lawyer said at Najib’s appeal against his conviction for misappropriating of RM42 million of SRC International funds and subsequent sentence of 12 years in prison and a RM210 million fine.

Najib was found guilty on all seven charges of criminal breach of trust, money laundering and abuse of power by Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali on July 28 last year.

Najib is currently on bail of RM2 million in two sureties.

The authenticity of Najib’s signatures on seven disputed documents was an issue that took centre stage when the defence presented its case during the original trial.

Najib then wanted to obtain a handwriting expert’s report to confirm his own signatures as he could not even identify when the original document was shown.

Later, the defence informed the court that an “impasse has arisen relating to the terms of the expert’s appointment.”

“As the expert was not called, it follows that the documents can no longer be ruled inadmissible.

“The admissibility was determined at the close of the prosecution case and the defence has failed to rebut the same with their expert report,” Sithambaram said.

The prosecution submitted that the defence’s reason given for not producing the report was unacceptable as the defence could find a suitable replacement.

“Najib never denied his signature (on the document to AmBank) when his statement was recorded by the Malaysian Anti-Corruption Commission.

“The defence didn’t challenge Najb’s signature after copies were delivered before trial.

“Najib cannot now in court dispute its authenticity,” Sithambaram said.

Despite the uncertainty, Najib was certain that the SRC board of directors had deliberated and acted upon them.

Today is the 11th day of the appeal hearing, which continues before a three-man bench led by Court of Appeal judge Abdul Karim Abdul Jalil, sitting with Vazeer Alam Mydin Meera and Has Zanah Mehat. – April 21, 2021.