Application made for Najib’s case to be heard at POJ

KUALA LUMPU R: T he prosecution team in the trial of former prime minister Datuk Seri Najib Tun Razak, who is facing seven charges involving power abuse, criminal breach of trust ( CBT) and money laundering of SRC International Sdn Bhd, amounting RM42 million, has requested the case to be heard at the Palace of Justice ( POJ) in Putrajaya.

This was informed by prominent lawyer Datuk Sulaiman Abdullah, who was appointed by the AttorneyGeneral to lead the prosecution team in the case, when the matter came up for mention in the High Court here yesterday before judge Mohd Nazlan Mohd Ghazali.

Sulaiman said the request was made to ensure the smooth trial of the case, including to avoid any inconvenience.

“At the Palace of Justice, there is strict monitoring and access is l imited, hence can avoid congestion in the court area. Besides, many of the prosecution witnesses are from the Putrajaya area,” he added.

He said the prosecution would send a letter to Chief Judge of Malaya Tan Sri Zaharah Ibrahim on the matter.

Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, did not object to it, but requested Sulaiman, who was appointed by way of ‘ fiat’ (authorisation) by Attorney- General Tommy Thomas, to produce his appointment letter as a new deputy public prosecutor.

Muhammad Shafee said the defence wanted a copy of the appointment letter to ascertain whether it (appointment) was made under Section 376, 377 or 379 of the Criminal Procedure Code.

He said it was standard court procedure for the court to be informed on the appointment.

Sulaiman, however, objected to Muhammad Shafee’s request, saying that the appointment letter was the government’s official secret.

Muhammad Shafee also informed the court on the defence’s request for the prosecution to provide all documents on the case in hardcopy form, instead of compact discs (CDs).

“Give us the document in paper format. Many of the documents cannot be read in the CD format. Give us in normal, traditional way to remove any doubts,” he said.

Sulaiman then informed the court that the prosecution would provide the documents in hardcopy as requested by the defence, but it would take some time.

Judge Mohd Nazlan, who heard the one-hour long submission by both parties, said the matter would be discussed at the next case management, which he fixed on Oct 31.

Najib, 65, who was in the dock, looked calm, with his head bowed most of the time.

He entered the court room at 9.06am and when straight to the dock.

On July 4, Najib pleaded not guilty to three CBT charges and one count of abuse of power over funds totalling RM42 million belonging to SRC International Sdn Bhd.

On the first charge, Najib was accused that as a public servant and agent, namely Prime Minister and Finance Minister of Malaysia, Advisor Emeritus of SRC International Sdn Bhd (SRC) and in those capacities entrusted with control of funds belonging to SRC totalling RM4 billion, had committed CBT involving a sum of RM27 million.

He was accused of committing the offence at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan, here between Dec 24, 2014 and Dec 29, 2014 and charged under Section 409 of the Penal Code which provides for jail up to 20 years and whipping and also can be fined, if convicted.

On the second count, Najib was charged that as Prime Minister and Finance Minister with control over SRC funds totalling RM4 billion, had committed CBT involving RM5 million at the same place and time.

On the third count, Najib was charged that as Prime Minister and Finance Minister entrusted with SRC- owned funds of RM4 billion, committed CBT involving RM10 million at the same place between Feb 10, 2015 and March 2, 2015, according to the same section (of the Penal Code) .

On the fourth count, Najib was charged that as a public official namely Prime Minister and Minister of Finance of Malaysia, used his position to commit bribery involving RM42 million when he participated or was involved in a decision on behalf of the Malaysian government, to provide government guarantees for loans from the Retirement Fund Incorporated Fund to SRC International Sdn Bhd amounting to RM4 billion.

He is accused of committing the bribery at the Prime Minister’s Office, Prescinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011 and Feb 8, 2012.

The charge framed under Section 23 of the Malaysian AntiCorruption Commission Act 2009 punishable under Section 24 of the same Act, provides for a jail term of up to 20 years and a fine not less than five times the amount or value of the bribe or RM10,000 whichever is higher, if convicted.

On Aug 8, Najib pleaded not guilty to three counts of money laundering, involving RM42 million in proceeds from unlawful activities into two of his accounts four years ago, with the money belonging to SRC International Sdn Bhd.

On the three charges, Najib was alleged to have received RM27 million, RM5 million and RM10 million, respectively, which were proceeds from unlawful activities, via Real Time Electronic Transfer of Funds and Securities (Rentas) into two AmIslamic Bank Berhad accounts which belonged to him.

The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, No 55, Jalan Raja Chulan, here, between Dec 26, 2014, and Feb 10, 2015.

The charges were filed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 which provides for the penalty under Section 4(1) of the same act.

The section provides for, upon conviction, a maximum jail term of 15 years and a fine of up to five times the sum or value of the proceeds of the unlawful activities or instrumentalities of the offences at the time that the offences were committed, or RM5 million, whichever is the higher.