Najib Found Guilty – SRC Trial: Najib’s ‘Last Stand’ …As The World Watches

Datuk Seri Najib Razak’s final appeal in his RM42 million SRC International Sdn Bhd corruption case, which began on Aug 26 is well underway as final submissions are being presented to Federal Court in Putrajaya today (Aug 23).

SRC: How did it all begin?

It’s been alleged that the nation’s highest elected public officer and head of government, Datuk Seri Najib Razak obtained RM42 million gratification by giving the government guarantee for a RM4 billion loan granted to SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB).

1MDB established SRC International to pursue investments in conventional and renewable resources in January 2011. SRC then partnered with Aabar Investments PJS to set up Aabar-SRC Strategic Resources Ltd for investment in Mongolia’s coal industry without a feasibility study.

The RM4 billion loan was granted by Kumpulan Wang Persaraan (Diperbadankan) (KWAP), according to Attorney-General Tommy Thomas’ opening statement at the Najib’s SRC trial, which the prosecutor described as the first of many “kleptocracy-1MDB-linked prosecutions.”

Over the course of the trial, it has been shown that the RM42 million proceeds were used to pay various Barisal National (BN) component political parties, purchase of luxury fashion products and renovation to Najib’s homes.

The case, which began at the high court on April 3, 2019, has captured the attention of Malaysians and outside observers alike for its courtroom drama as well as bombshell revelations into the 1Malaysia Development Bhd (1MDB) scandal and is expected to reach a conclusion after the case is disposed of by the apex court.

A Legal Battle Ensued

Najib is standing trial for three counts of criminal breach of trust over the misappropriation of SRC International funds during his tenure as prime minister and finance minister, a separate charge of abusing the same positions for self-gratification and another three charges of money laundering.

Najib is facing seven charges namely one count of abuse of position under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, three counts of criminal breach of trust (CBT) under Section 409 of the Penal Code, and three charges of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

On July 28, 2020, high court judge Datuk Mohd Nazlan Ghazali sentenced Najib to 12 years in jail and fined him RM210 million after he was found guilty of misappropriating RM42 million belonging to SRC International.

In his judgment, Mohd Nazlan said it was clearly established by evidence that the accused had a personal and private interest in SRC International, a finding which remained unrebutted by the defence.

“In my evaluation, despite the matter being in the 10th Malaysia Plan, the impetus for the proposal to actually initiate what was embedded in the plan came from someone associated with 1MDB, not the Government.

“Even if the accused was not singularly responsible for the setting up of SRC, the more pertinent point is that the approval for the establishment of SRC by the accused provided the true starting point for the involvement of the accused in the company,” he said, adding that it was patently clear that the idea or proposal did not originate from a government agency or ministry.

The sentence has stayed pending appeal.

Following this on Dec 8, 2021, the Court of Appeal upheld the conviction and sentence decided by the high court.

What if Najib is convicted?

 – [1 count] under Section 23(1) of the MACC Act 2009, punishable under Section 24 of the same for abuse of position.

Najib was charged for using his position to commit bribery involving RM42 million when he participated in or was involved in a decision on behalf of the Malaysian Government to provide Government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4 billion.

He is alleged to have committed the crime at the Prime Minister’s Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.

Punishment: The Act carries a jail term of up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher.

– [3 Counts] under Section 409 of the Penal Code for criminal breach of trust

On the first count, Najib was accused of, as a public servant and agent, namely the Prime Minister and Finance Minister and adviser emeritus to SRC, and in those capacities entrusted with the control of funds belonging to SRC totalling RM4 billion, having committed CBT involving a sum of RM27 million.

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

On the third count, Najib was charged with, being the 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.

He is alleged to have committed the offence at AmIslamic Bank Bhd, Ambank Group Building, 55 Jalan Raja Chulan, Kuala Lumpur, between Dec 24, 2014, and Dec 29, 2014.

Punishment: Maximum jail term of up to 20 years, whipping and a fine

– [3 Counts] 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 Secton 4(1) of the same Act.

Najib is alleged to have received RM27 million, RM5 million and RM10 million, which were proceeds from unlawful activities, via Real Time Electronic Transfer of Funds and Securities (Rentas) into two AmIslamic Bank Bhd acconts of his bearing the numbers 2112022011880 and 21122022011906.

He is alleged to have committed the offences at AmIslamic Bank Bhd, 55 Jalan Raja Chulan, Kuala Lumpur, between Dec 26, 2014, and Feb 10, 2015.

Punishment if convicted: Maximum 15 years’ jail, and fine up to RM5 million or five times the amount, whichever is higher, for each charge.

Najib faced multiple rejections from the apex court during the first four days of his RM42 million SRC International corruption appeal held since last week.

The prosecution also ended up spending more time orally submitting during the main appeal hearings, compared to the former prime minister’s new legal team.

The matter now lies with the wisdom of the five-member bench chaired by Chief Justice Tengku Maimun Tuan Mat at the Federal Court in Putrajaya.


NST: Najib loses appeal, headed to prison

Datuk Seri Najib Razak has lost in his final attempt to overturn the 12-year jail sentence and RM210 million fine for misappropriation of SRC International funds.

Chief Justice Tun Tengku Maimun Tuan Mat ruled the former prime minister had failed to show how the findings of the lower courts were perverse and needed the intervention of the Apex Court.

She said the decisions of the High Court and Court of Appeal were correct. Tengku Maimun said the sentences were also not manifestly excessive.

“She then ordered the committal order to be issued.

The ruling means Najib, 69, would be taken to prison to serve out his jail sentence.

Present in court to hear the outcome were Najib’s wife Datin Seri Rosmah Mansor and family members. Also present was Umno president Datuk Seri Dr Ahmad Zahid Hamidi.

The other judges on the panel were the Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim, Datuk P Nallini, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah.

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