The DPP said Najib had come up with absurd tales and blamed everyone else to defend himself.
Lead prosecutor Datuk V Sithambaram did not mince his words when he described Datuk Seri Najib Razak’s defence in the SRC International case as nothing but a cock and bull story.
He said the former prime minister had come up with absurd tales involving figures like fugitive businessman Low Taek Jho @ Jho Low and others like his private secretary (the late) Datuk Azlin Alias and SRC executive director Nik Faisal Ariff Kamil, to fight his case.
Najib, he said, had blamed them and claimed he was not aware of transactions involving his personal bank accounts.
However, Sithambaram said it was clear Najib and Jho Low were actually good friends and it was absurd for the Pekan member of parliament to claim that the financier – who has since gone on the run – had fixed him.
“In actual fact, Jho Low was bank-rolling the appellant. Blaming Jho Low for ensuring the appellant had adequate funds in his personal account is simply outrageous,” the lawyer said.
Najib’s defence said Low had manipulated his account, causing RM42 million from SRC International to flow into his accounts without his knowledge.
But evidence during the trial last year had repeatedly shown that Low was tasked to ensure funds were available for Najib to utilise, Sithambaram said.
“Jho Low was dealing with Najib’s principal private secretary, the late Azlin Alias, and SRC’s chief executive officer Nik Faisal Ariff Kamil, on the issuance of cheques by the appellant.
“The trio were ensuring there were sufficient funds at all times so that Najib’s cheques were not dishonoured.”
The prosecution team said there was no logic for Low to deceive Najib.
Three issues were also raised by Sithambaram to highlight the “self-serving” nature of the defence argument, in that Najib was framed by Low and purportedly by the bankers involved to make it appear that he had indeed committed criminal breach of trust offences.
“Firstly, there is no logic for Jho Low to deceive the appellant and make him think that the Arab donations were still available,” he said.
Sithambaram added that anyone with a simple knowledge of basic mathematics, let alone a finance minister, could have known that the RM42 million was not Arab donation since it would have dried up judging by the way Najib spent them.
Earlier, Sithambaram said the contention that Najib believed the source of funds in his account came from the Arab donation is unbelievable because the money trail in bank documents showed the said bulk of the donations was either returned and the remainder had been fully utilised before the deposit of the RM42 million from SRC International.
“Secondly, the appellant himself admits that Jho Low was tasked with ensuring there were funds for his needs at all times. That was why Jho Low was pumping monies into the appellant’s bank accounts, which the appellant was constantly spending.
“Thirdly, if the appellant had apparently discovered Jho Low’s deception, there would have been investigations that could show Jho Low utilising SRC funds. That would also entail investigations showing that SRC’s funds were being utilised by the appellant,” he said.
The hearing at the Court of Appeal is being heard after Najib appealed to overturn his 12 year jail sentence and RM210 million fine imposed on him after he was found guilty of all seven charges of abuse of power, criminal breach of trust (CBT) and money laundering involving RM42 million of SRC funds.
The hearing before Court of Appeal judges Datuk Abdul Karim Abdul Jalil, Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera continues.
Earlier reports:
Apr 15, Najib’s SRC appeal: Apandi actually held up proof of wrongdoing while declaring Najib’s innocence
Apr 15, Najib’s SRC appeal: SRC a sham
Apr 14, Najib’s SRC appeal: Najib had total control of SRC
Apr 14, Najib’s SRC appeal: SRC acted in Najib’s interest, not government’s
Apr 13, Najib’s SRC appeal: Defence claims High Court judge had “desire” to hold Najib to account
Apr 8, Najib’s SRC appeal: Judge reminds Najib’s lawyer not to repeat points already raised
Apr 7, Najib’s SRC appeal: Defence blames Jho Low for transfer of RM42m from SRC
Apr 6, Shafee in appeal: Judge in Najib’s SRC trial erred