PUTRAJAYA – Former attorney-general Tan Sri Mohamed Apandi Ali’s integrity has been called to question after he exonerated Datuk Seri Najib Razak of misappropriating funds belonging to SRC International Sdn Bhd when the evidence showed otherwise, the Court of Appeal heard today.
Ad hoc prosecutor Datuk V. Sithambaram submitted how Apandi, the 14th defence witness, affirmed that the two flow charts he held during his press conference to exonerate Najib on January 26, 2016 are the same ones tendered as evidence during the trial.
Sithambaram said the flow charts that Apandi held clearly showed that the funds from SRC International entering Najib’s bank accounts were not the “Arab donation” as claimed by the former prime minister throughout his defence.
He submitted this before a three-man bench led by judge Datuk Abdul Karim Abdul Jalil in the hearing of Najib’s appeal against his conviction and jail sentence over the misappropriation of RM42 million in the entity’s monies.
The other two judges on the bench are Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.
SRC International previously obtained two loans totalling RM4 billion from Retirement Fund Inc (KWAP) through two government guarantees (GGs) that Najib signed off on as prime minister and finance minister at two cabinet meetings held in August 2011 and February 2012.
“(Apandi) further testified that he issued two press releases in January 2016 instructing the Malaysian Anti-Corruption Commission investigations into the appellant be closed, as he (Apandi) was satisfied inter alia that there was no evidence to show the appellant had abused his position to approve the GGs of the RM4 billion loan to SRC International from KWAP.
“The evidence clearly shows that the RM42 million deposited into the appellant’s bank accounts was from SRC International, and not an Arab donation or from any other source.
“This evidence casts doubt on (Apandi’s) integrity in finding the appellant innocent of the offences being investigated by MACC.”
The prosecutor said during cross-examination, Apandi agreed that his decision to exonerate Najib was based on available material in the investigation papers as of January 26, 2016.
“Apandi’s decision to exonerate the appellant was based on material findings that the appellant did not have knowledge of the offences committed at the conclusion of the SRC International investigations then.”
Earlier, Sithambaram said the setting up of SRC International had nothing to do with national interest considerations, and instead, it was an intentional, deliberate and calculated plan engineered by Najib for personal benefit.
“It looks like a scam.”
The Kuala Lumpur High Court on July 28 last year sentenced Najib to 12 years’ jail and fined him RM210 million after finding him guilty on seven counts of criminal breach of trust, money laundering and abuse of power involving the RM42 million in SRC International funds.
The hearing of the appeal continues on Monday. – Bernama, April 15, 2021
