KUALA LUMPUR: Datuk Seri Najib Razak had abused his position and office to receive gratification monies during his tenure as prime minister, said the prosecution team in his corruption case.
Attorney-General Tommy Thomas, the lead prosecutor, said the prosecution would prove that Najib had used his position as prime minister and finance minister to obtain for himself a gratification of RM42 million, transferred into his bank accounts between Aug 17, 2011 and Feb 8, 2012.
“Evidence will abundantly establish that the accused was directly involved in the decision on behalf of the government of Malaysia to give government guarantees for the loans amounting to RM4 billion received by SRC International Sdn Bhd from Retirement Fund Inc (KWAP),” he said in his opening statement.
Tommy had earlier said it was his duty and privilege to open the trial against a former prime minister, whom he noted that for nearly a decade “occupied the most powerful office in the land and wielded near absolute power, which carries with it enormous responsibility”.
“The accused, during his entire period in office as prime minister, at which time these offences were committed, simultaneously held the office of minister of finance, thereby combining maximum political power and control of the nation’s purse.”
Tommy said Najib, not satisfied with holding the twin positions of PM and finance minister, was also appointed 1Malaysia Development Bhd (1MDB) board of advisers chairman and adviser emeritus of its fully owned subsidiary, SRC International.
“A common feature of both companies was that the true power in directing and managing their affairs did not lie with the board of directors, as is required by law and is the universal practice wherever companies carry on business, but in the person of the accused by virtue of his holding these two positions.”
Tommy noted that the operation of Article 8(1) of the Federal Constitution states that “all persons are equal before the law” was demonstrated by the trial.
“A former prime minister is charged under due process in the ordinary court of the land, like any other accused. The accused is not above the law and his prosecution and this trial should serve as precedents for all future holders of this august office.”
This trial, Tommy said, would be “the first of many kleptocracy-1MDB-linked prosecutions”.
Tommy told the court that Najib faced one charge under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 for abuse of position; three charges under Section 409 of the Penal Code for criminal breach of trust; and, three charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for money laundering.
He spelt out the details of the charges, which included how Najib had wrongfully gained RM42 million from SRC International, causing the company to suffer losses, with money banked into his personal account.
He said the prosecution would establish that Najib had remitted and received money for unlawful activities.
He said evidence would show that Najib’s credit card was charged US$130,625 (about RM533,028) for expenses made at a Chanel store in Honolulu and that personal cheques were issued for, among others, payment for renovation work at the accused’s residence in No. 11, Jalan Langgak Duta, here, and in Pekan, Pahang.
He said cheques were also issued to various Barisan Nasional component parties.