Prosecution failed to prove Najib was in control of SRC funds, court told

The prosecution in the SRC International Sdn Bhd trial has failed to prove former prime minister Datuk Seri Najib Razak was in control of the transfer of RM42mil out of the company’s coffers and into his personal bank accounts, the High Court was told.

Najib’s lawyer Harvinderjit Singh said the prosecution had depended on the answers provided by his client during the defence trial, where Najib took the stand as the first witness, to make its case.

The lawyer, who was making his submission at the end of the defence case here yesterday, said the prosecution’s case had deviated from its original theory and built its case from Najib’s admissions during the defence.

“Their entire case was built on the cross-examination which is not substantial evidence,” he said.

Harvinderjit said the prosecution had “tailored” its case based on the testimony of the accused during the defence case.

He argued the latest shift by the prosecution was that fugitive businessman Low Taek Jho, or known as Jho Low, Najib’s former principal private secretary Datuk Azlin Alias and former SRC managing director and CEO Nik Faisal Ariff Kamil were responsible for the monies being transferred into Najib’s account.

But the charges that were levelled against Najib were of criminal breach of trust on the RM42mil, said Harvinderjit.

“The charges did not state conspiracy,” he added.

Harvinderjit also argued that the prosecution could not conclusively prove that Najib had knowledge the RM42mil came from SRC International.

“There is evidence to support Najib’s belief and state of knowledge that the funds in his account, at that material time, were donations made to him by Arab royalty,” he said.

The defence submission was split into five chapters and touched on the cause and purpose of the RM42mil transaction that made up the crux of the charges against the Pekan MP, and his belief on the monies being an Arab donation, among others.

The defence trial, which started on Dec 3 last year, lasted 33 days with 19 witnesses taking the stand.

Najib’s defence had largely contended that he did not know the monies in his bank accounts originated from SRC International, a subsidiary of 1Malaysia Development Bhd (1MDB).

A total of 807 exhibits were tendered in court.

The prosecution had earlier called 57 witnesses to the stand.

Najib is facing seven charges – three for criminal breach of trust, one for abuse of power and three for money laundering involving SRC International funds totalling RM42mil.

The three-day hearing of submission continues before Justice Mohd Nazlan Mohd Ghazali today.