Datuk Seri Najib Razak failed to justify the transfer of RM2.973 billion of 1Malaysia Development Berhad (1MDB) funds into his three personal bank accounts despite all the opportunities he had to do so, the High Court was told today.
Deputy public prosecutor Muhammad Saifuddin Hashim Musaimi said Najib received the monies through several entities including Good Star Ltd, a company controlled by fugitive businessman Low Taek Jho or Jho Low.
“In the final analysis, the colossal sum of RM2.973 billion found accumulated in Najib’s AmBank account in three stages from Good Star, Aabar, and Tanore remains the elephant in the room.
“Najib was accorded all the opportunities in the world to clear the allegations as he was metaphorically, caught taking monies from a till, yet, there is a deathly silence from him.
“We hear no cries of innocence from him on the simple question – ‘Why the 1MDB monies end up in your personal accounts, not once, not twice, but thrice, sir?'”, he said before Judge Datuk Muhammad Jamil Hussin.
He said this in his submissions to oppose the third-party claims made by Najib and Umno following a raid conducted by the police at the Pavilion apartment owned by OBYU Holdings Sdn Bhd in November 2018.
Saifuddin who is also the head of Attorney-General’s Chambers (AGC) Money Laundering and Forfeiture of Criminal Proceeds, said Good Star, Jho Low, Prince Faisal, Prince Said, Blackstone Asia Real Estate Partners and Najib do not have any connection or business dealing with 1MDB to justify their receipt of such amount of monies.
“There were no business or commercial reasons for such movements of monies.
“There is also no escaping the fact that the monies in Najib’s accounts are proceeds from money laundering offences as it was traceable directly to 1MDB through Good Star and Aabar Stage,” he said.
He said there was much evidence to prove that the seized items indeed came from money laundering and unlawful activities.
“By extending the ‘three-strikes and you are out’ analogy, the preponderance of evidence speaks volumes in support to our case.
“Surely Najib is not Ali Baba of the Arabian Nights, who discovered the thieves’ den, except perhaps he too knows the magical phrase ‘Open Sesame’ to summon the fortune from 1MDB into his personal accounts.
“Even then, there is no mistake about it – the modern-day Ali Baba and the like of Jim Hawkins of Treasure Island who found great fortune falling into their lap stand to forfeit the ill-gotten fortune under Money Laundering Act,” he said.
He said Najib and Umno had made a feeble claim to suggest the seized cash is political donations due to the weight of evidence which suggest otherwise.
“No amount of finesses can whitewash the traces of wrongdoings stemming from the cash seized.
“Perhaps, just perhaps, in the end, the only glimmer of hope for redemption from ‘Pirates of the Caribbean – The Curse of the Black Pearl’ for Najib and Umno lies in a total, complete and honourable disgorgement of all benefits derived from the tainted 1MDB monies, in much the same way as Captain Barbossa sought to return every single piece of the 882 medallions to the treasure of Hernan Cortes on Isla de Muerta,” he added.
Tan Sri Muhammad Shafee Abdullah represented Najib while Datuk Hariharan Tara Singh and Tania Scivetti appeared for Umno.
The court set March 11 and 15 to hear reply submissions from Shafee and Hariharan.
On May 8, 2019, the AGC filed a notice of forfeiture over hundreds of items, including branded handbags and 27 vehicles seized from Najib, his wife Datin Seri Rosmah Mansor, their three children and 13 individuals and companies.
In addition, money amounting to more than RM18 million in several accounts at Bank Islam Malaysia Bhd, Al-Rajhi Bank Bhd, Malayan Banking Bhd, CIMB Bank Bhd, RHB Bank Bhd, Public Bank Bhd, AmBank Bhd and the Hong Leong Bank Bhd was frozen between Aug 16, 2018, and March 11, 2019.
It named Najib as the first respondent followed by Rosmah, Riza Shahriz Abdul Aziz, Nor Ashman Razak Mohd Najib, Nooryana Najwa Mohd Najib, Mohd Kyizzad Mesran, Senijauhar Sdn Bhd, Aiman Ruslan, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih, Rembulan Kembara Sdn Bhd, Goh Gaik Ewe, Ng Chong Hwa, Lim Hwee Bin, Kee Kok Thiam, Tan Vern Tact and Geh Choh Hun as second to 18th respondents.
The application was filed on the grounds that the prosecution, acting under Section 56 (1) read together with Section 376 of the Criminal Procedure Code, was satisfied that the items seized between May 17, 2018, and March 11, 2019, were related to an offence under Section 4 (1) or as the result of illegal activities involving the respondents. – NST
Earlier reports:
Feb 9, Najib’s 1MDB Trial: Jho Low known as “PMO” in 1MDB board meetings was “the man”
Feb 8, Najib’s 1MDB Trial: Ex-CEO says in 1MDB, you either follow instructions or quit
Jan 6, Najib’s 1MDB trial: Day 52
Jan 5, Najib’s 1MDB Trial: Day 51
Sept 17, 2020, Najib’s 1MDB Trial: Day 50
Sept 15, Najib’s 1MDB Trial: Day 49
Sept 14, Najib’s 1MDB Trial: Day 48
Sept 3, Najib’s 1MDB Trial: Day 47
Sept 2, Najib’s 1MDB Trial: Day 46
Sept 1, Najib’s 1MDB Trial: Day 45
Aug 17, Najib’s 1MDB Trial: Day 44
Aug 5, Najib’s 1MDB Trial: Day 43
Aug 4, Najib’s 1MDB Trial: Day 42
Aug 3, Najib’s 1MDB Trial: Day 41
Jul 17, Najib’s 1MDB Trial: Set to Last Until at Least June 2021
Jul 16, Najib’s 1MDB Trial: Day 39
Jul 15, Najib’s 1MDB Trial: Day 38
Jul 1, Najib’s 1MDB Trial: Day 37
Jun 30, Najib’s 1MDB Trial: Day 36
May 21, Najib’s 1MDB Trial: Day 35
May 21, Najib’s 1MDB Trial: Day 34
May 19, Najib’s 1MDB Trial: Day 33
Nov 11, 2019, Najib’s 1MDB Trial: Day 32
Nov 7, Najib’s 1MDB Trial: Day 31
Nov 6, Najib’s 1MDB Trial: Day 30
Nov 5, Najib’s 1MDB Trial: Day 30
Nov 4, Najib’s 1MDB Trial: Day 28
Nov 4, 1MDB Trial: Judge Reprimands Najib After Tg Piai Trip
Oct 31, Najib Calls in Sick with Swollen Eyes, 1MDB Trial Postponed Yet Again
Oct 30, Najib’s 1MDB Trial: Day 27
Oct 29, Najib’s 1MDB Trial: Day 26
Oct 24, Najib’s 1MDB Trial: Day 25
Oct 24, Najib Asks Prosecution to Hand Over Justo’s Information Given to MACC
Oct 21, Najib’s 1MDB Trial: Day 24
Oct 17, Najib’s 1MDB Trial: Day 23
Oct 17, Jho Low Changed 1MDB Constitution to Give Najib Absolute Power
Oct 16, Najib’s 1MDB Trial: Day 22
Oct 14, Najib’s 1MDB Trial: Day 21
Oct 10, Najib’s 1MDB Trial: Day 20
Oct 9, Najib’s 1MDB Trial: Day 19
Oct 8, Najib’s 1MDB Trial: Day 18
Oct 7, Najib’s 1MDB Trial: Day 17
Oct 7, Some Umno People Envious of Jho Low-Najib Ties, Court Told
Oct 1, Najib’s 1MDB Trial: Day 16
Oct 1, Arul Kanda Told Ex-1MDB CEO to Leave Country to Avoid PAC Meeting
Oct 1, Ex-1MDB CEO Paid RM99K Monthly, RM1.5M Bonus
Oct 1, Jho Low Helped Plan Abu Dhabi Crown Prince’s Trip to Sway Voters for GE13
Sept 30, Najib’s 1MDB Trial: Day 15
Sept 30, Witness: Najib Used 1MDB to Raise Funds for GE13
Sept 26, Najib’s 1MDB Trial: Day 14
Sept 26, Jho Low, Tim Leissner Played “Matchmaker” for Najib to Meet Goldman Sachs
Sept 26, US$9M Transferred from Jho Low’s Good Star to Riza Aziz’s Red Granite Pictures
Sept 26, Jho Low, Najib Faked Meeting Minutes to Move US$750M from 1MDB to PSI
Sept 26, Najib Agreed to 1MDB Borrowing RM3B from SOCSO to Lend to PetroSaudi
Sept 25, Najib’s 1MDB Trial: Day 13
Sept 24, Najib’s 1MDB Trial: Day 12
Sept 23, Najib’s 1MDB Trial: Day 11
Sept 19, Najib’s 1MDB Trial: Day 10
Sept 18, Najib’s 1MDB Trial: Day Nine
Sept 18, Najib’s Ex-Aide Led MACC to Raid on Jho Low’s Apartment
Sept 18, Najib’s 1MDB Trial Halted Briefly for Najib to See Eye Specialist
Sept 17, Najib’s 1MDB Trial: Day Eight
Sept 17, Witness Identifies Riza Aziz, Arul Kanda and Five Others as Key Players in 1MDB Saga
Sept 17, Bono, Queen of Jordan, Rosmah Floated as Trustees for TIA
Sept 17, Witness Says 1MDB Najib’s Baby, Defence Claims It Was Terengganu Sultan’s Idea
Sept 11, Najib’s Eye Infection Halts 1MDB Trial
Sept 10, Najib’s 1MDB Trial: Day Six
Sept 10, Rosmah Fond of Jho Low
Sept 10, Najib’s Ex-Aide: Jho Low Provided Scripted Responses to Deny His Involvement in 1MDB
Sept 10, Istana Negara Questioned Jho Low’s Role in 1MDB Predecessor TIA
Sept 5, Najib’s 1MDB Trial: Day Five
Sept 5, 1MDB Trial: Judge Raps Shafee over Najib’s Tardiness
Sept 5, 1MDB Trial: Najib’s Ex-Aide Took US$200K Loan from Jho Low to Buy Property
Sept 5, 1MDB Trial: Najib’s Ex-Aide Accused of Lying
Sept 4, Najib’s 1MDB Trial: Day Four
Sept 4, Najib’s Ex-Aide: Mudabala CEO Was Promised All Sorts of Things
Sept 4, Najib’s Ex-Aide, Jho Low on “Secret China Mission” to Bail Out 1MDB
Sept 4, Jho Low Ordered Najib’s Ex-Aides to Open Overseas Bank Accounts
Sept 3, Najib’s 1MDB Trial: Day Three
Sept 3, Najib’s Ex-Aide: Jho Low Drew Out Wealth Fund Concept on Kitchen Whiteboard
Sept 3, Jho Low Gave Possibly Forged Letters from Saudi Arabia to Stop 1MDB Probe
Sept 3, Only Najib and Jho Low Knew “Full Picture” of 1MDB Plan
Sept 3, Jho Low in Najib’s Inner Circle
Aug 29, Najib’s 1MDB Trial: Day Two
Aug 28, Najib’s 1MDB Trial: Day One
Aug 28, Shafee: Prove Najib Knew Arab Donation Letter Faked, Jho Low Is Najib’s Alter Ego
Aug 28, Najib’s 1MDB Trial: Shafee Again Questions Sri Ram’s Appointment
Aug 28, Najib’s 1MDB Trial: Gopal Sri Ram’s Full Opening Statement
Aug 28, Najib’s 1MDB Trial: Prosecution to Show Saudi Donations a Sham
Aug 28, Najib’s 1 MDB Trial: Prosecution to Prove Jho Low Was Najib’s Alter Ego
Aug 28, Najib’s 1MDB Trial Begins