This article first appeared in The Edge Financial Daily on April 30, 2019

KUALA LUMPUR: Former premier Datuk Seri Najib Razak yesterday failed in his bid to strike out seven criminal charges involving RM42 million of SRC International Sdn Bhd funds.

High Court Judge Mohd Nazlan Mohd Ghazali said Najib’s argument that the charges are flawed is without basis and not supported by evidence.

Najib had roped in a heavyweight in the legal fraternity, former solicitor-general II Datuk Mohd Yusof Zainal Abiden, as his lead lawyer for the striking out application.

In his application, he argued that the charges are an abuse of the court process and defective in form and substance. The application was filed on April 3, the day the SRC trial was scheduled to begin, but it was only heard last Friday.

Yusof said he had received Najib’s instruction to appeal yesterday’s decision.

In his ruling, Justice Nazlan said there is no ambiguity in the charges  against Najib, and the prosecution is entitled to frame the charges.

“Money laundering, criminal breach of trust (CBT) and abuse of power are distinct offences and there is no duplicity.

“The charges also comply with Section 165 of the Criminal Procedure Code. There is no legal impairment in the charges and in the end, it is the duty of the prosecution to present the charges and the court would evaluate it,” Justice Nazlan stressed.

He said the three CBT charges against Najib are not defective as an offence of money laundering and CBT charge is found to be valid following a Court of Appeal decision where, in a case just like this, the accused was charged with money laundering and CBT.

Justice Nazlan also ruled out the double jeopardy argument by the defence.

“Any conviction can be secured if the prosecution proves each of the offences,” he said.

“The defence had not shown how the applicant is prejudiced. Nine days of trial have passed and there is cross examination done by the able defence. It is difficult to comprehend that the accused could have been misled,” the judge said.

Meanwhile, Justice Nazlan announced yesterday the SRC trial will run from 9am to 3.30pm during Ramadan, with a half-hour lunch break for non-Muslims. Attorney-General Tommy Thomas had requested for a new timing during the fasting month.

When the trial proper resumed later, Raja Chulan AmBank branch manager R Uma Devi agreed with Najib’s lawyer Harvinderjit Singh that two of the ex-premier’s accounts were set up in 2011 to receive large sums of money.

The witness agreed with the lawyer that a total of RM1.9 billion was credited into one of Najib’s private bank accounts from 2011 to 2013, with part of the sum being a donation from “Prince Faisal Al Turki of Saudi Arabia”. Money also came in from Blackstone Asia Real Estate Partners Ltd.

This corresponded to what Najib has been claiming, that the amount was a donation and the balance of US$620 million was remitted back.

The seven charges Najib is facing for the SRC International trial include one count of abuse of position under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, three counts of CBT under Section 409 of the Penal Code, and three charges of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

The hearing continues today.