PUTRAJAYA: The trial judge who convicted Datuk Seri Najib Razak had gone out of his way to hold the former prime minister accountable for abuse of power by using criminal law standards, the Pekan member of parliament's lawyer argued at the Court of Appeal here today.
Touching on how Kuala Lumpur High Court Judge Mohd Nazlan Mohd Ghazali had convicted Najib in July last year, lawyer Farhan Read questioned the manner the judge had viewed all the evidence gathered during trial.
He said there seemed to be a desire by the judge to hold Najib into account no matter what.
Farhan, who is one of the lawyers in Najib's team, said his client had already paid the price in the 14th General Election (GE14) where the latter lost the elections and grip on power as the ruling government.
"The manner in which the trial judge canvassed the evidence seems to indicate a desire to hold Najib to account.
"However, criminal law is not the avenue to do this.
"He was already held to account in GE14...the criminal law should not be used to do it," he said in wrapping up Najib's appeal to overturn his 12 year jail sentence and RM210 million fine for abuse of power, criminal breach of trust and money laundering involving RM42 million of SRC funds.
The appeal is being heard by a three member bench comprising Datuk Abdul Karim Abdul Jalil, Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.
Earlier, Farhan said Najib's conduct as adduced in the evidence throughout the trial was not consistent with that of a guilty person.
Touching on the setting up of SRC, he said evidence showed that it was a desirable and timely initiative in line with the 10th Malaysia Plan (2011 - 2015) and also the National Energy Policy.
He said SRC was also set up on the recommendation of the Economic Planning Unit (EPU), which had made its findings independently without any compulsion.
"The EPU's rationale in recommending the setting up of SRC was in pursuance of national interest considerations consistent with Najib's role as the prime minister and minister of finance, and nothing else," he said.
On the RM4 billion loan which had been issued to SRC by the Retirement Fund Incorporated (KWAP), Farhan submitted that Najib had in no way compelled the fund to release the loan.
He said KWAP officers should have stuck to the merits of SRC's application, and the judge's conclusions on the issue did not pay adequate consideration to the role played by the prime minister in the executive administration of the country.
"There is also no evidence to show Najib was involved in any way to expedite the loan process," he added.
The appeal hearing continues, with the prosecution expected to begin their submissions tomorrow.