KUALA LUMPUR: Former prime minister Datuk Seri Najib Abdul Razak (pix) had actual knowledge of the SRC International Sdn Bhd (SRC) funds amounting to RM42 million being deposited into his personal bank accounts as disclosed in the bank statements, the High Court heard today.
Ad-hoc prosecutor Datuk V. Sithambaram said Najib had personally transferred the funds and issued cheques out of his accounts at all times while being fully conscious that there were funds standing to his credit.
“It has to be reiterated that all the cheques that were issued out of the 906 account and the 898 account were issued by the accused personally and therefore he had the knowledge or ought to have the knowledge of these large cheques being issued out of his personal accounts.
“The submission claiming ignorance of the funds credited and cheques issued out of the accused’s accounts by the defence cannot be accepted as credible especially since he was the then Finance Minister of Malaysia managing the finance of this entire country,” he said in his submission at the end of the prosecution case.
Sithambaram said the prosecution also submitted that there was overwhelming evidence that the accused had committed criminal breach of trust (CBT) and therefore, the accused must be presumed to have acted dishonestly when committing the offences under Section 409 of Penal Code.
“The presumption is therefore triggered, and it is incumbent on the accused to rebut the statutory presumption. It is wholly erroneous at this stage, in view of the overwhelming evidence to suggest that the accused has rebutted the presumption at the prosecution stage,” he said.
Sithambaram also submitted that the accused’s role in the first and second Retirement Fund Inc (KWAP) loan and the Government Guarantees, were relevant facts to constitute a motive or preparation of the CBT charges.
He recalled the evidence given by investigating officer Rosli Husain that there were probabilities of forgery was not a true representation as he did not investigate the matter and therefore could not have determined the issue of forgery conclusively.
“Rosli’s evidence that there was forgery involved is a mere exaggeration of the true facts which are not established,” Sithambaram said.
Earlier, Najib’s lawyer, Harvinderjit Singh submitted that the prosecution was inconclusive in establishing what caused the RM42 million to be transferred into his client’s accounts.
“It is not established that Najib had a plan on his mind to take RM42 million from RM2 billion which was approved by the KWAP. That is an odd game,” he said adding that the deposit of RM42 million into Najib’s accounts was done at the behest of the fugitive businessman, Low Taek Jho or Jho Low.
The hearing of submissions before judge Mohd Nazlan Mohd Ghazali has been fixed for two days beginning today.
Najib, 66, is facing three counts of CBT, one count of abusing his position and three counts of money laundering involving SRC funds amounting to RM42 million.
The hearing before Justice Mohd Nazlan continues. — Bernama
