KUALA LUMPUR: The prosecution and defence in Datuk Seri Najib Razak's SRC International trial wrapped up their submissions today, and both sides expressed optimism of having made their case.
Lead prosecutor Datuk V Sithambaram said the prosecution was confident it had proven its case against Najib on all 7 charges and therefore he should be ordered to enter his defence.
He said the prosecution was not relying on hollow submissions to make its case against the accused.
Instead, he said, the prosecution had made its case based on evidence of witnesses and a host of contemporaneous documents to prove the charges against Najib.
"It is our submission that the entire defence taken by the accused was an after thought. The money that went in and out of his account during the entire period the offences committed was well within his knowledge.
"To only now, during the trial, say it was Jho Low (fugitive businessman Low Taek Jho) who operated his account is not credible and far fetched...It is unthinkable for the accused not to have known," he said, adding such an excuse was preposterous.
Sithambaram said the prosecution had filed complete written submissions and also made oral clarification about the entire case and it was now up to the judge to decide.
"Finally, it is not what the prosecution or defence says that matter but the judge's evaluation of evidence presented to him that will decide whether there is a prima facie case for the accused to answer," he told the New Straits Times.
Meanwhile, Najib's lawyer Tan Sri Muhammad Shafee Abdullah also expressed similar confidence and said the defence was hoping to get a full acquittal, or at the very least, some of the charges dropped.
"It's like tossing a coin now...anything can happen," he told reporters after wrapping up his submissions.
Earlier, he submitted that his client had no guilty knowledge of the offences and there was no dishonesty on Najib's end concerning SRC International operations.
He said it did not make sense for Najib to have hijacked all the money which he was accused of taking, send it all over the world and then get it banked into his own personal account with full knowledge of Bank Negara before spending it openly.
"What kind of a fool would do that?"
Shafee said the court should refrain from ordering Najib to enter his defence just to hear what he has to say, including on Jho Low's role in the whole mess.
"We can't ask him questions on why Jho Low did this and that. We are dealing with a con man here...how are we to read his mind.
"We don't know whether he was hooking and fishing or fishing and hooking."
On questions why Najib had never bothered to lodge a police report after finding out that RM42 million had been deposited into his bank account, Shafee said it was because his client wanted to avoid being accused of interfering in ongoing investigations.
He cited how Datuk Seri Anwar Ibrahim had been accused of interfering in an investigation after he filed a police report in relation to a case that was being investigated.
"Najib did not want to fall into the same trap," he said.
Earlier, another one of Najib's lawyers, Farhan Read, said the accused should be acquitted without his defence being called as there was nothing to show he had knowledge of offences that were committed.
"The smoking gun is missing in this case," he said.
High Court Judge Mohd Nazlan Mohd Ghazali will decide at 10am on Nov 11 whether Najib should be called to enter his defence.
A total of 57 witnesses were called by the prosecution to testify in the trial which began in April.
Najib, 66, is accused of committing one charge of abuse of power, three charges of criminal breach of trust (CBT) and three charges of money laundering
For the abuse of power allegation, he was charged with using his position as the Prime Minister and Finance Minister to commit bribery involving RM42 million when he participated in or was involved in a decision on behalf of the government to provide government guarantees for loans from the Retirement Fund Inc (KWAP) to SRC International amounting to RM4 billion.
He faces a maximum 20-years jail and fine for the offence.
On the CBT charges, he is accused of committing CBT involving RM42 million of SRC International money.
For money laundering, he is alleged to have received a total of RM42 million, which were proceeds from unlawful activities banked into his AmIslamic Bank accounts.
He faces 15 years' jail, and a fine of up to RM5 million or five times the amount, whichever is higher, for each charge.