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The trial of former prime minister Najib Abdul Razak’s case involving RM42 million of SRC International Sdn Bhd funds will continue tomorrow with his defence team to cross-examine the first witness.
On April 3, High Court Judge Mohd Nazlan Mohd Ghazali set April 15 until May 10 to continue the trial of Najib, who is Pekan MP.
The high profile trial would continue with counsel Harvinderjit Singh representing Najib to cross-examine the first witness, Muhammad Akmaludin Abdullah, 35, assistant registrar of Companies Commission of Malaysia (SSM).
On the first day of trial, Akmaludin told the court that SRC International Sdn Bhd, had a paid capital of RM1 million when it registered with the SSM on Jan 7, 2011, and checks on the shareholders also found that all one million shares were held by the Finance Ministry (Incorporated).
Najib, 66, is facing three counts of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC International Sdn Bhd funds amounting to RM42 million.
He is alleged to have committed the offences at AmIslamic Bank Berhad in Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between August 17, 2011, and Feb 10, 2015.
Najib, who is the sixth prime minister of Malaysia, is the first to find himself in the accused dock.
Attorney-General Tommy Thomas in his opening statement on the first day of trial, among others, said the prosecution will prove that Najib had used his position as prime minister and finance minister to obtain for himself a gratification of RM42 million.
“It is my duty and privilege of opening the first trial in our courts against a former prime minister who, for nearly a decade, occupied the most powerful office in the land and wielded near absolute power.
“Such privilege carries with it enormous responsibility, which my office intends to discharge in order to establish that the accused is guilty of the seven charges that he is facing before your lordship.
“The accused during his entire period in office as prime minister of which time these offences were committed simultaneously held the office of finance minister, thereby combining maximum political power and control of the nation’s purse,” he said.
Thomas also said “the operation of Article 8 (1) of the Federal Constitution that ‘all persons are equal before the law’ is amply demonstrated by this trial”.
“A former prime minister is charged under due process in the ordinary court of the land, like any other accused. The accused is not above the law and his prosecution and this trial should serve as precedents for all future holders of this august office,” he said.
Following are among others key ingredients in the prosecution’s opening statement read out by Thomas.
- The prosecution will abundantly establish that the accused was directly involved in the decision on behalf of the government of Malaysia to give government guarantees for the loans amounting to RM4 billion received by SRC International Sdn Bhd from Kumpulan Wang Persaraan (Diperbadankan) (“KWAP”).
- The evidence will also establish that in December 2014, the accused’s credit card was charged US$130,625 for expenses made at Chanel, an exclusive fashion store in Honolulu.
- The prosecution will prove that personal cheques were issued, among others, as payment for renovation works carried out at the accused’s residence at Jalan Langgak Duta, Kuala Lumpur, the accused’s residence in Pekan, Pahang as well as cheques were issued to various BN component political parties.
- In proving the ingredients on the charge of abusing his position, evidence, both oral, documentary and circumstantial would be led by the prosecution to establish the proposed establishment of SRC International Sdn Bhd, the proposed setting-up of a RM3 billion grant, SRC International’s request for a government loan for RM3.95 billion, appointments of SRC International’s Board of Directors, and one Nik Faisal Ariff Kamil as CEO of SRC International.
- The prosecution will also establish on matters that led to the approval of the Malaysian government, through the Finance Ministry, the issuance of an RM2 billion government guarantee in favour of SRC International and for the issuance of a further RM2 billion government guarantee in favour of the company (SRC International).
- The evidence will also be led regarding monies totalling RM42 million, sourced from SRC International, were channelled through the company accounts of Gandingan Mentari Sdn Bhd (a wholly-owned subsidiary of SRC International Sdn Bhd) and Ihsan Perdana Sdn Bhd (purportedly appointed as SRC International’s corporate social responsibility partner).
- For the criminal breach of trust (CBT) charges, the prosecution will establish that Najib, as prime minister and finance minister, and advisor emeritus of SRC International, whilst entrusted with monies belonging to SRC International, committed CBT in respect of the RM27 million, RM5 million and RM10 million belonging to SRC International.
- The prosecution will also provide evidence that Najib had engaged in money laundering by receiving RM42 million, being the proceeds of unlawful activity, in his AmPrivate Banking account.
- The evidence would also be led that Najib had issued 15 cheques from his bank account totalling RM10,776,514.00.
– Bernama
https://www.malaysiakini.com/news/472267
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3 April 2019
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https://twitter.com/jezlai/status/1113366976439640064?s=20
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May it please Your Lordship,
It is my duty and privilege to open the first trial in our courts against a former Prime Minister, who for nearly a decade, occupied the most powerful office in the land and wielded near absolute power, which carries with it enormous responsibility, which my office intends to discharge in order to establish that the Accused is guilty of the seven (7) charges that he is facing before Your Lordship.
The Accused during his entire period in office as Prime Minister, at which time these offences were committed, simultaneously held the office of Minister of Finance, thereby combining maximum political power and control of the nation’s purse. In holding the office of the Prime Minister, and thus the nation’s highest elected public officer and Head of Government, the highest trust was reposed by our people in the Accused. In such circumstances, the law demands the highest standards of care in the discharge by the Accused of his duties and obligations as trustee of public offices.
Not being satisfied with the holding of the twin positions of Prime Minister and Minister of Finance, the Accused was also appointed the Chairman of the Board of Advisors of 1Malaysia Development Berhad (“1MDB”) and Advisor Emeritus in its fully owned subsidiary, SRC International Sdn. Bhd. (“SRC International”). A common feature of both companies was that the true power in directing and managing their affairs did not lie with the Board of Directors, as is required by law and is the universal practice wherever companies carry on business, but in the person of the Accused by virtue of his holding these two positions.
The operation of Article 8(1) of the Federal Constitution that “all persons are equal before the law” is amply demonstrated by this trial. A former Prime Minister is charged under due process in the ordinary court of the land, like any other Accused. The Accused is not above the law and his prosecution and this trial should serve as precedents for all future holders of this august office.
My Lord,
This trial is the first of many kleptocracy-1MDB-linked prosecutions. As required under Section 179 of the Criminal Procedure Code, I will state briefly the nature of the offences charged and the evidence by which the Prosecution proposes to prove the guilt of the Accused.
In the instant prosecution, the Accused is charged for the following offences –
- One (1) charge under Section 23 of the MACC Act 2009 for abuse of position;
- Three (3) charges under Section 409 of the Penal Code for criminal breach of trust;
- Three (3) charges under Section 4(1)(b) of the Anti-Money Laundering,
- Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for money laundering; and
To prove the prosecution case beyond a reasonable doubt, the Prosecution will be relying on direct and circumstantial evidence, both oral and documentary, to prove that the Accused, on the dates, times and manner as contained in the charges, is guilty of each of the charges against him.
One (1) charge under Section 23 of the MACC Act 2009 for abuse of position
For the charge under Section 23 of the MACC Act 2009, evidence will establish that the Accused at all material times, as an officer of a public body, to wit, as Prime Minister and Minister of Finance, used his office and/or position to obtain for himself a gratification of RM42 million. Evidence will abundantly establish that the Accused was directly involved in the decision on behalf of the government of Malaysia to give government guarantees for the loans amounting to RM4 billion received by SRC International Sdn Bhd from Kumpulan Wang Persaraan (Diperbadankan) (“KWAP”).
In proving the ingredients of Section 23 of the MACC Act 2009, evidence – oral, documentary and/or circumstantial, will be led by the prosecution to establish the following –
- Proposed establishment of SRC International Sdn Bhd;
- Proposed setting-up grant of RM3 billion;
- SRC International’s request for a government loan for RM3.95 billion;
- The appointment of SRC International’s Board of Directors, and the appointment of one Nik Faisal Ariff Kamil as CEO of SRC International;
- Matters that led to the approval of the Government of Malaysia through the Ministry of Finance for the issuance of a RM2 billion government guarantee in favour of SRC International;
- Matters that led to the approval of the Government of Malaysia through the Ministry of Finance for the issuance of a further RM2 billion government guarantee in favour of SRC International;
- Monies totalling RM42 million, sourced from SRC International, were channelled through the company accounts of Gandingan Mentari Sdn Bhd (a wholly-owned subsidiary of SRC International Sdn Bhd) and Ihsan Perdana Sdn Bhd (purportedly appointed as SRC International’s corporate social responsibility partner);
- The Accused, between 17 August 2011 and 8 February 2012, as a result of the aforesaid, had received as gratification the said monies totalling RM42 million into his AmPrivate Banking-1MY no. 211-202-201188-0 and AmPrivate Banking-MY no. 211-202-201190-6 bank accounts.
Three (3) charges under Section 409 of the Penal Code for criminal breach of trust
For the charges under Section 409 of the Penal Code, evidence will establish that the Accused at all material times, as agent, to wit, as Prime Minister and Minister of Finance, and Advisor Emeritus of SRC International, whilst entrusted with monies belonging to SRC International, committed criminal breach of trust in respect of the RM27 million, RM5 million and RM10 million belonging to SRC International.
In proving the ingredients of Section 409 of the Penal Code for criminal breach of trust, evidence – oral, documentary and/or circumstantial, will be led by the prosecution to establish the following –
- A Special Resolution was passed to amend SRC International’s Articles of Association to appoint the Accused as Advisor Emeritus. As Advisor Emeritus the Accused shall advise the Company’s Board on material matters and matters of strategic interest to Malaysia, and that the Board shall give due consideration to and implement any advice of the Advisor Emeritus in the best interest of the Company;
- That the Accused had dishonestly caused himself to wrongfully gain RM42 million and/or caused SRC International to wrongfully lose RM42 million;
- That between 24 and 29 December 2014, a sum of RM27 million belonging to SRC International was remitted to the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account through the company accounts of Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd;
- That between 24 and 29 December 2014, a sum of RM5 million belonging to SRC International was remitted to the Accused’s AmPrivate Banking-MY no. 211-202-201190-6 account through the company accounts of Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd; and
- That between 10 February and 2 March 2015, a sum of RM10 million belonging to SRC International was remitted to the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account through the company accounts of Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.
Three (3) charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for money laundering
For the charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 for money laundering, evidence – oral, documentary and/or circumstantial, will be led by the prosecution to establish the following –
- That the Accused on or about 26 December 2014 engaged in money laundering to wit by receiving RM27 million, being the proceeds of an unlawful activity, in the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account;
- That the Accused on or about 29 December 2014 via a Real Time Electronic Transfer of Funds and Securities (“RENTAS”) instruction, remitted RM27 million, being the proceeds of an unlawful activity, from the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account to the company account of Permai Binraya Sdn Bhd;
- That the Accused on or about 26 December 2014 engaged in money laundering to wit by receiving RM5 million, being the proceeds of an unlawful activity, in the Accused’s AmPrivate Banking-MY no. 211-202-201190-6 account;
- That the Accused on or about 29 December 2014 via a Real Time Electronic Transfer of Funds and Securities (“RENTAS”) instruction, remitted RM5 million, being the proceeds of an unlawful activity, from the Accused’s AmPrivate Banking-MY no. 211-202-201190-6 account to the company account of Putra Perdana Construction Sdn Bhd;
- That the Accused on or about 10 February 2015 engaged in money laundering to wit by receiving RM10 million, being the proceeds of an unlawful activity, in the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account;
- That the Accused on or about 10 February 2015 remitted RM10 million, being the proceeds of an unlawful activity, from the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account to the Accused’s AmPrivate Banking-MY no. 211-202-201190-6 account;
- That the Accused had issued a total of 15 personal cheques from his AmPrivate Banking-MY no. 211-202-201190-6 account totalling an approximate sum of RM10,776,514.00;
- Evidence will also establish that in December 2014, the Accused’s credit card was charged US$130,625 for expenses made at Chanel, an exclusive fashion store in Honolulu; and
- Evidence will establish that the personal cheques were issued for, among others, payment for renovation works carried out at the Accused’s residence at No.11 Jalan Langgak Duta, Kuala Lumpur, the Accused’s residence in Pekan, Pahang and cheques issued to various Barisan Nasional component political parties.
My Lord,
The burden is now on the Prosecution to prove, beyond a reasonable doubt, that the Accused, Mohd. Najib bin Hj Abd Razak is guilty of the criminal charges preferred against him at this trial.
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Finally , high court judge Mohd Nazlan ordered the commencement of the trial . He will give another date to hear Defence’s application . Charges are now read to accused Najib Razak . https://t.co/t1E5GPOS3X
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Small group of Najib supporters at the entrance of court complex screaming ‘bossku’. https://t.co/HTLZpGVUaQ
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Najib Razak supporters wait at the court steps as inside, the prosecution tries to shut down what they’re calling a bid to further delay his trial.
#1MDB https://t.co/0ryKnLmQ7S
https://twitter.com/sumishanaidu/status/1113332384974274560?s=19
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Prosecution in the trial of former PM Najib describes the defence petition for yet another delay as a ‘lamentable and audacious’ attempt to slow down the trial and an insult to their intelligence.
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1/2 hour on. Trial proper still hasn’t started . Both sides arguing on a last minute application by defense to challenge the charges against Najib . Prosecution argues the charges are good DPP Sithambaram said defence can challenge anytime during the trial , let’s get on with it https://t.co/TQ5yiRDFvT
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weehingthong 