Najib’s many roles in the govt enabled him to commit SRC offences

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Former prime minister Datuk Seri Najib Razak was able to commit the seven offences he was found guilty of in the SRC International Sdn Bhd case because of his various roles in the government, the Federal Court heard.

Lead prosecutor Datuk V Sithambaram said the Pekan MP “played the roles” of prime minister, finance minister, Minister of Finance Inc (MOF Inc) and advisor emeritus of SRC.

“The criminal intention of the appellant is executed by the appellant wearing different hats.

FMT

“It is the mens rea (criminal intent) of the appellant in executing the criminal intent in various capacities that enabled the appellant to commit the seven offences charged.

“No artificial demarcation of the role of the appellant in various capacities should be entertained, as it is the appellant’s sole intention to commit crimes in the varied roles played by him in the country’s administration and in SRC,” the prosecutor said in his submissions in Najib’s final SRC appeal on Thursday (Aug 18).

Sithambaram said evidence clearly showed that Najib had arranged the affairs of SRC, whereby he was entrusted with its assets and properties.

“This occurred when he assumed the role of prime minister from the formation of SRC when he issued shareholders instructions that had to be followed by the SRC board of directors (BOD).

“His role was formalised by assuming the title of advisor emeritus to entrench his commanding position in SRC, which enabled him to direct the SRC BOD as its master,” he said.

Meanwhile, Sithambaram said that no one knows what happened to most of the RM4 billion belonging to Retirement Fund Incorporated, or KWAP, after it was transferred to an overseas bank.

He said a “significant bulk of the RM4 billion”, or RM3.6 billion, was sent to BSI Bank in Lugano, Switzerland, in 2012.

A total of RM4 billion was transferred from KWAP to SRC between 2011 and 2012.

“Now the funds appear to be frozen by the Swiss authorities,” he said.

Sithambaram had pointed out during the trial that former second finance minister Ahmad Husni Hanadzlah had wanted to fly to Switzerland and resolve the frozen funds issue and subsequently bring the money back.

However, he said, Najib had rejected Husni’s request.

“The appellant (Najib) said (during the trial) Husni didn’t have a ‘proper plan’. This remained unresolved even when Najib left office (in 2018),” he said.

Sithambaram said the RM4 billion loan from KWAP was meant to be used to carry out work to fulfil the national energy policy.

“However, the money was not utilised for this and not a single project was undertaken by SRC,” he said.

The hearing continues before a five-judge panel chaired by Chief Justice Tengku Maimun Tuan Mat.