This article first appeared in The Edge Malaysia Weekly on April 8, 2019 - April 14, 2019
Najib, 66, the sixth prime minister of Malaysia, is the first premier to find himself in the dock.
He faces seven charges relating to SRC International funds totalling RM42 million. SRC is a former subsidiary of 1Malaysia Development Bhd (1MDB).
Thomas (left) and Shafee
High Court Judge: Mohd Nazlan Mohd Ghazali
Prosecution Team
. Tommy Thomas
. Datuk Sulaiman Abdullah
. Datuk V Sithambaram
. Manoj Kurup
. Datuk Suhaimi Ibrahim
. Datuk Ishak Yusoff
. Donald Joseph Franklin
. Sulaiman Kho Kheng Fuei
. Muhammad Saifuddin Hashim Musaimi
. Muhammad Izzat Fauzan
. Budiman Lutfi Mohamed
. Mohd Ashraf Adrin Kamaril
Defence Team
. Tan Sri Muhammad Shafee Abdullah
. Datuk Mohd Yusof Zainal Abiden
. Datuk Kamarul Hisham Kamaruddin
. Datuk Chong Loong Men
. Harvinderjit Singh
. Devanandan S Subramaniam
. Farhan Read
. Wan Aizuddin Wan Mohammed
. Rahmat Hazlan
. Muhammad Farhan Shafee
. Tiara Katrina Fuad
. Nur Syahirah Hanapiah
. Zahria Eleena Redza
The charges
1 count of abuse of power
3 counts of criminal breach of trust
3 counts of money laundering
Abuse of power
• Being a public official — the prime minister and minister of finance — Najib was charged with using his position to commit bribery involving RM42 million when he participated in or was involved in a decision on behalf of the Malaysian government to provide government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4 billion.
• He is alleged to have committed the crime at the Prime Minister’s Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.
• Law: Section 23(1) of the MACC Act 2009, punishable under Section 24 of the same Act
• Punishment if convicted: Jail term of up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher.
Criminal breach of trust
• On the first count, Najib was accused of, as a public servant and agent, namely the prime minister and finance minister and adviser emeritus to SRC, and in those capacities entrusted with the control of funds belonging to SRC totalling RM4 billion, having committed CBT involving a sum of RM27 million.
• On the second count, Najib was charged with, as the prime minister and finance minister with control over SRC funds totalling RM4 billion, committing CBT involving RM5 million at the same place and during the same time frame.
• On the third count, Najib was charged with, being the prime minister and finance minister entrusted with SRC-owned funds of RM4 billion, committing CBT involving RM10 million at the same place between Feb 10, 2015, and March 2, 2015.
• He is alleged to have committed the offence at AmIslamic Bank Bhd, Ambank Group Building, 55 Jalan Raja Chulan, Kuala Lumpur, between Dec 24, 2014, and Dec 29, 2014.
• Law: Section 409 of the Penal Code
• Punishment if convicted: Maximum jail term of up to 20 years, whipping and a fine.
Money laundering
• Najib is alleged to have received RM27 million, RM5 million and RM10 million respectively, which were proceeds from unlawful activities, via Real Time Electronic Transfer of Funds and Securities (Rentas) into two AmIslamic Bank Bhd accounts of his bearing the numbers 2112022011880 and 2112022011906.
• He is alleged to have committed the offences at AmIslamic Bank Bhd, AmBank Group Building, 55 Jalan Raja Chulan, Kuala Lumour, between Dec 26, 2014, and Feb 10, 2015.
• Law: Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 which provides for the penalty under Section 4(1) of the same Act.
• Punishment if convicted: Maximum 15 years’ jail, and fine up to RM5 million or five times the amount, whichever is higher, for each charge.
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