You are repeating same arguments, lawyer told
PUTRAJAYA: Lawyers representing Datuk Seri Najib Razak said the RM4 billion given to SRC International Sdn Bhd, which was later transferred overseas, was nothing but an act of theft by insiders in the company.
They said the former prime minister had nothing to do with it as he was not involved in the company’s finances.
The lawyers contended that the trial judge had been wrong in his assessment of Najib’s involvement just because the Pekan member of parliament was the company’s adviser emeritus, as well as the then prime minister and finance minister.
“That was not the case. How do you move the money when my client was not even entrusted with the funds?
“It was an act of theft, a criminal act by individuals and insiders in the company,” said senior counsel Tan Sri Muhammad Shafee Abdullah.
Earlier, another of Najib’s lawyer, Harvinderjit Singh, also touched on the issue of the RM4 billion loan, which SRC obtained from the Retirement Fund Inc through two government guarantees.
He said the RM4 billion was moved out of the country after SRC got the money, but there was no evidence to show who directed its transfer.
“I can only say that it was nothing short of a theft... It was a theft,” he said, prompting Court of Appeal judge Datuk Vazeer Alam Mydin Meera, to interject and ask if any police report was lodged on the matter.
VAZEER: You say it was a theft, but no police report was lodged? HARVINDERJIT: Correct. Even SRC chairman Tan Sri Ismee Ismail had no knowledge of it... He was shocked. There is nothing to suggest Najib was involved.
Najib is appealing against his sentence and conviction for abuse of power, criminal breach of trust and money laundering involving RM42 million of SRC funds.
He was sentenced to 12 years’ jail and fined RM210 million after he was found guilty of all seven charges by High Court judge Mohd Nazlan Mohd Ghazali in July.
Meanwhile, at the start of the appeal hearing yesterday, Harvinderjit was reminded not to repeat the same arguments in his submissions.
“You were scheduled to finish your submission today (yesterday). However, I see that your submission has been focused on the same issues and facts.
“You all (Najib’s team) are overlapping on the same thing the past three days.
“We (the bench of three judges) are still waiting for your submission on the charges.
“How the trial judge erred, issues of law and all that. You haven’t touched on these at all,” judge Datuk Abdul Karim Abdul Jalil, who is leading the threemember bench hearing the appeal, said after the court was called into session.
Harvinderjit acknowledged his reminder, saying: “I will do that now.”
However, as he started to argue Najib’s case by touching on the criminal breach of trust issue, Karim stopped him in his tracks and said that he was repeating the same arguments.
“You are repeating again. I say again, you must make us clear (on how the trial judge erred),” Karim said in a sharp voice.
Harvinderjit then again acknowledged the judge’s reminder and pledged to move on.
The appeal hearing will continue on Monday.