FORMER prime minister Datuk Seri Najib Razak spent the alleged Arab donation money for political purposes, and not for his enjoyment, the Kuala Lumpur High Court heard today.
Lead defence lawyer Tan Sri Muhammad Shafee Abdullah said that various prosecution witnesses have confirmed that his client did not use the money for personal spending, but for corporate social responsibility, social welfare and political purposes.
"We have proven that 99 percent of the money was not for his personal use such as buying a yacht or private plane or treating everybody with champagne in a New York bar or something.
"If I were a robber, I would have used the money for personal purposes," Shafee told the court during Najib’s trial over the misappropriation of RM2.2 billion of 1Malaysia Development Berhad’s (1MDB) funds.
Judge Datuk Collin Lawrence Sequerah questioned the veteran counsel about the existence of any case law backing his argument.
In response, Muhammad Shafee said that "it is an inference of facts" and that no case is quite like Najib's 1MDB case, setting it apart from any precedent.
Shafee also argued that Najib’s return of the US$620 million of the US$681 million deposited into his bank accounts allegedly showed that he did not have any bad faith, again saying there would be no past court cases that can be used as precedent for Najib’s 1MDB case.
Deputy public prosecutor Kamal Baharin Omar said, however, that what is important for money-laundering charges is if an accused person has dealt with illegal proceeds or money originating from illegal activities, and that the purpose of how the money is used does not matter.
Kamal Baharin also argued that for corruption cases, what an accused person does with the money does not matter, as what is important is the origin of the money.
Fellow DPP Ahmad Akram Gharib said whether Najib used the money for political reasons or personal gain was irrelevant, so long as it was used for his advantage.
Najib, 71, faces four charges of abusing his position to obtain RM2.3bil from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.
He also faces 21 charges of money laundering involving the same amount at the same bank between March 22, 2013 and Aug 30, 2013.
Najib is charged under Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act. - October 1, 2024