KUALA LUMPUR: Datuk Seri Najib Razak’s lawyers today argued that the former prime minister should be acquitted of all charges without his defence being called in the SRC International case as the prosecution has failed to establish a prima facie case against him.
They argued that Najib has no case to answer as the bulk of evidence relating to his involvement in the events leading up to the government’s decision to grant Government Guarantees (GG’s) for a RM4 billion loan to SRC did not establish the existence of a corrupt arrangement which Najib was party to.
They said the evidence also does not establish any nexus between Najib’s participation in matters connected with the government’s decision to grant the GG’s to SRC in 2011 and 2012, and RM42 Million that was transferred into the former finance minister’s accounts in 2014 and 2015.
Instead, the lawyers argued that the evidence showed that the transactions involving the RM42 million were carried out without Najib’s knowledge and involvement.
“The bulk of the evidence in fact leads to a reasonable inference that the transactions involving the RM42 million were done at the behest of others for their own ulterior purpose and benefit.
“The conclusion therefore is that the RM42 million cannot be said to amount to ‘gratification’,” Najib’s lawyers argued in the summary of their submission before High Court Judge Mohd Nazlan Mohd Ghazali.
The defence also submitted that the prosecution had failed to establish the ingredient of ‘misappropriation’ in the charges against Najib.
“There is no basis to infer dishonesty on Najib’s part.
“The bulk of evidence in fact supports an inference that Najib had no knowledge of the transactions of funds out of SRC International or into his accounts at the material time.
“Therefore, he should not be called to enter his defence on the CBT Charges.”
On the charges of money laundering under the Anti Money Laundering Act (AMLA) against Najib, his lawyers said the mere fact that RM42 Million was transacted into his personal accounts did not prove the commission of the offence in the AMLA Charges.
Najib, 66, is facing six charges of money laundering and criminal breach of trust in the transfer of RM42 million of SRC International funds into his accounts.
He is also accused of abusing his power as prime minister by giving government guarantees on SRC International’s RM4 billion loan from the KWAP.
The Pekan member of parliament was charged with committing the offences at the AmIslamic Bank Bhd in Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.
He faces 20 years’ jail if convicted.
Najib is represented by lead counsel Tan Sri Muhammad Shafee Abdullah, Harvinderjit, Farhan Read and several other lawyers while the prosecution is led by Attorney-General Tan Sri Tommy Thomas.