Court of Appeal Judge Datuk Abdul Karim Abdul Jalil today reminded Datuk Seri Najib Tun Razak’s lawyer against repeating the same points in the hearing of the former premier’s appeal in the RM42 million SRC International Sdn Bhd’s case.
In asking the counsel Harvinderjit Singh to summarise his submissions, Judge Abdul Karim said many of the points had been dealt with by the lead defence counsel Tan Sri Muhammad Shafee Abdullah in his submission.
“You are repeating it again and again. It is better you use it to relate to the criminal breach of trust (CBT) case against Najib, rather than you bring this thing to us that has been done before by Tan Sri Shafee. Please make us clear.
“Actually, you are repeating. I know you are emphasising the points to bring it to our attention, but we are fully aware that this is court of appeal. Better focus on other points,” said justice Abdul Karim.
Harvinderjit then resumed his submissions before Justice Abdul Karim, who presided over the appeal with Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.
Earlier, Harvinderjit submitted that the prosecution had been selective in charging Najib for CBT in relation to the RM42 million SRC International funds when investigators issued red notices for the arrest of three others for the offence.
He said the Malaysian Anti-Corruption Commission (MACC) had sought Interpol to issue the red notice to SRC former director Datuk Suboh Md Yassin, its former chief executive officer Nik Faisal Ariff Kamil and another individual identified as Redzuan Adam Shah.
“Sometime in June or July 2018, red notices were issued against the three of them for CBT amounting to RM50 million.
“Having taken that position, the prosecution suddenly decided to charge Najib,” he said, adding that the three men were said to have fled overseas after the May 9 General Election in 2018.
At this juncture, justice Abdul Karim said the public prosecutor had the discretion to do so.
Harvinderjit also said that Suboh and Nik Faisal were the signatories of SRC and Gandingan Mentari Sdn Bhd (GMSB), not Najib.
The Kuala Lumpur High Court had on July 28 last year sentenced Najib to 12 years’ jail and RM210 million fine after finding him guilty on seven charges of CBT, money laundering and abuse of position, involving RM42 million inSRC International funds.
The hearing of the appeal continues.