PETALING JAYA: Former prime minister Datuk Seri Najib Razak was yesterday ordered to enter his defence for all seven charges related to the RM42 million SRC International corruption case.
Justice Mohd Nazlan Mohd Ghazali said the prosecution had established a prima facie case against the Pekan MP.
Najib, who appeared calm when the decision was read, said he would give sworn evidence in his defence. This means he would be cross examined by the prosecution. Nazlan had fixed Dec 3 to 4, Dec 9 to 12, and Dec 16 to 19 for Najib to enter his defence.
“Because of his position as prime minister (then) and finance minister, the accused was able to cause the arrangement of SRC International ... as a vehicle to be utilised by him for his private advantage,” said Nazlan when delivering his decision at the Jalan Duta High Court.
"Evidence submitted by the prosecution showed that Najib abused his office for the purpose of obtaining gratification.”
Nazlan said the evidence showed that Najib, in Cabinet meetings in 2011 and 2012, used his position to set in motion the approval of up to RM4 billion in loans from Retirement Fund Inc to SRC International. It is from these loans that the RM42 million made its way into Najib’s AmBank accounts, he said.
He said SRC International was “no ordinary” company, as Najib was named its adviser.
He also said the entity was deprived of RM42 million, and that the evidence pointed to the money being a “wrongful gain” as Najib had issued cheques for the amount.
"Despite Najib saying he was shocked at discovering the money in his accounts, he did not order any police report or file a suit against the bank for irregularities," Nazlan said.
“In light of the summary at the end of the prosecution stage ... in my judgement, the prosecution has established credible evidence (on the use of the accused’s) position for self-gratification, three CBT charges and three money-laundering charges. If not properly rebutted, these would result in a conviction.”
In a Facebook posting, Najib said this would provide him the chance to prove his innocence. “Up to today, only the prosecution witnesses have been called in. But now, the defence witnesses will be given the opportunity to give a true picture and prove that I am innocent,” he said.
Meanwhile, Umno and Barisan Nasional (BN) component parties have stated they won’t distance themselves from Najib.
Umno president Datuk Seri Ahmad Zahid Hamidi said that the case would also not affect the spirit and support for BN in the Tanjung Piai by-election.
“Najib came to campaign on Sunday night and the response was still extraordinary. We won’t distance ourselves from Najib. When someone is investigated or is undergoing trial, or is asked to enter their defence, Umno and BN’s stance is the same,” the BN chairman told reporters at the Parliament lobby yesterday.
