KUALA LUMPUR (Oct 23): The trial of Datuk Seri Najib Razak (pictured) over the alleged embezzlement of RM42 million from SRC International Sdn Bhd enters its 59th day today, during which the oral submissions involving both counsels are expected to conclude.
The focus of today's submissions would be on the admissability of the documents tendered by the prosecution as evidence to be accepted by the court, as the thrust of the defence’s argument is they should not be accepted.
If the documents are not accepted, the charges against the former premier would be dropped.
Appointed public prosecutor Datuk V Sithambaram indicated to High Court Justice Mohd Nazlan Mohd Ghazali that he intends to reply to submissions by the defence, who argued that there is no case on the seven criminal charges against Najib.
It is also likely that both the prosecution and defence may wrap up their arguments tomorrow.
So far, the defence’s oral submissions were conducted by Farhan Read and Harvinderjit Singh, while lead defence counsel Tan Sri Muhammad Shafee Abdullah could partake today.
Justice Nazlan has yesterday raised expectations that the submissions could complete by lunch time.
Yesterday, both parties have argued their points on the charges against the Najib, who served as former prime minister, the finance minister and Advisor Emeritus in SRC when the RM42 million landed in his account.
They are:
- one count of abuse of power under the Malaysian Anti-Corruption Commission Act 2009
- three counts of criminal breach of trust under the Penal Code
- three counts of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Justice Nazlan revisited the issue of duality in the charges yesterday, considering that the charges refer to the same transaction — Najib receiving RM42 million from SRC.
This is how the issue of predicate offence may come into play considering it has to be established that Najib conducted CBT before it can be said that the RM42 million is a proceed of unlawful activity, for Najib to be charged for laundering the money.
The SRC trial has called in 57 prosecution witnesses so far, including the senior officials in SRC and its subsidiaries Ihsan Perdana Sdn Bhd and Gandingan Mentari Sdn Bhd, through which the monies were transferred before ending in Najib’s AmBank accounts.
Also called in were officials in several banks which managed the transactions, senior civil servants such as from the Ministry of Finance, as well as recipients of monies from Najib including officials in the Prime Minister’s Department, Barisan Nasional politicians and contractors, to name a few.
Justice Nazlan has set Nov 11 to rule on whether there is prima facie against Najib, which would determine whether he will be called to enter his defence.
The Edge is reporting today’s proceedings involving Najib, who is the highest ranking politician to be charged in court, live.