The prosecution in Najib Razak’s final appeal for the SRC International case has concluded its submissions before the Federal Court.
Over the last two days, ad hoc prosecutor V Sithambaram walked the panel of five judges through point by point on how and why High Court Judge Datuk Mohd Nazlan Mohd Ghazali had convicted Najib on all seven charges of abuse of power, criminal breach of trust and money laundering.
Najib, who cut a desolate figure sitting in the dock with a handful of his daily entourage sitting behind him, was occasionally seen with his head down as he was forced to again listen to every wrongdoing, he had been found guilty of.
Sithambaram argued how SRC was set up and obtained a RM4 billion loan from Retirement Fund Incorporated (KWAP).
He said a large portion of this money, or RM3.6 billion, was remitted to BSI Bank in Lugano, Switzerland, with RM42 million of the remaining funds entering Najib’s accounts between 2014 and 2015.
The prosecution told the court the RM42 million was “utilised by the appellant (Najib) for his personal benefit and for his political purposes”.
Sithambaram said that, during the trial at the Kuala Lumpur High Court, two witnesses – Dr Shamsul Anwar Sulaiman and Ung Su Ling – testified they had informed Najib that money from SRC was deposited into his accounts.
“He (Najib) consciously omitted doing anything on the matter as he knew this would expose his criminal intent in the commission of the said offences,” Sithambaram added.
He said Najib himself had admitted that the money came from SRC in an affidavit filed in Najib’s lawsuit against former MCA president Tun Dr Ling Liong Sik in 2016.
Therefore, Sithambaram said it was clear that Najib had deliberately lied when he said that he did not know the source of the funds when asked about it during the SRC trial.
On the so-called Arab donations, Sithambaram said Najib had vehemently argued that the money in his personal accounts originated from the Saudi Royalty.
However, he said the trial judge had fittingly found that the Arab donation story was unbelievable when weighed against the totality of evidence.
Sithambaram also ripped into Najib’s relations with Jho Low and pointed out that whatever actions taken by the fugitive was to ensure there were adequate funds for to former’s use.
He said Nazlan had rightly pointed out that despite all the allegations against Low, the fact remained that RM42 million from SRC had ended up in Najib’s accounts and was fully spent by the latter.
The hearing continues on Tuesday, Aug 23.