‘AMBANK DID NOT DO ITS JOB’
Najib in the dock because bank failed to file Suspicious Transaction Report, says defence lawyer
DATUK Seri Najib Razak’s lawyer said his client would not be sitting in the dock if Ambank, which was managing the former prime minister’s accounts, had done its job.
Tan Sri Muhammad Shafee Abdullah said this when he questioned a Bank Negara Malaysia (BNM) investigating officer who led a raid on the Ambank branch in Jalan Raja Chulan here on July 6, 2015.
He argued that if Ambank had filed a Suspicious Transaction Report (STR) with BNM and alerted Najib that suspicious transactions were happening in his accounts, then “my client would not be sitting here”.
He also raised the issue of how “a total failure of the system” had
prevented Najib “to do something to protect himself ”.
Shafee said he was “puzzled” by all that had happened as Ambank should have done its job, but didn’t.
“If Ambank had done its job and reported the suspicious transactions, this whole mess could have been avoided.
“However, the matter fizzled out just like that without the account holder ever been alerted to it,” he said while cross-examining the BNM witness Ahmad Farhan Sharifuddin, 32.
Farhan, who had been recalled to be cross-examined, earlier confirmed that Ambank was fined in 2015 for failing to file the STR. Shafee: Did Bank Negara or Ambank take any measures to inform Najib that this had happened to the bank? About Ambank being found guilty of not reporting the suspicious transactions? Farhan: No.
Shafee: Do you agree that if my client had been alerted that there was something wrong with the accounts, this whole matter could have been avoided?
Farhan: I don’t agree because that would have tipped him off.
Shafee: What is the process? I am puzzled by all this. Ambank should have done its job and then the matter just fizzled out after the bank was fined for its failure to file the STR.
Farhan tried to explain the process after an STR was filed. He said the central bank’s special unit that handled such cases would initiate an analysis of the report before passing it to the relevant enforcement agencies for action.
At one point, Farhan, who was clearly exasperated by repeated questions about Ambank’s failure, sighed and said he could not answer questions based on inferences.
Najib’s savings and current accounts at the Ambank branch in Jalan Raja Chulan are at the centre of the case where the prosecution had, on the third day of the trial, established a paper trail involving the transfer of millions of ringgit from 1Malaysia Development Bhd’s (1MDB) subsidiary company to another.
However, the defence has all this while tried to establish that Najib, who is on trial for corruption, abuse of power and moneylaundering involving RM42 million of 1MDB-linked company SRC International Sdn Bhd, was a victim of manipulation by certain people, including rogue bankers.
They claimed that Najib had been manipulated by people who had gained tremendously from him.
Shafee was reported to have said that the former prime minister’s current situation was akin to a movie because “the person who is suspected the most turns out in the end to be a victim”.
The trial continues.