Malaysia

[UPDATED] Najib’s SRC case: appeals court upholds verdict in ‘national embarrassment’

Ex-PM’s actions for personal benefit, not national interest, says judge; full summary of judgment inside

Updated 4 years ago · Published on 08 Dec 2021 10:29AM

[UPDATED] Najib’s SRC case: appeals court upholds verdict in ‘national embarrassment’
Court of Appeal judge Datuk Abdul Karim Abdul Jalil says that Datuk Seri Najib Razak’s actions with regard to the RM4 billion loan to SRC International were not in the national interest but for personal benefit. – SAIRIEN NAFIS/The Vibes file pic, December 8, 2021

by Arjun Mohanakrishnan

PUTRAJAYA – The Court of Appeal found that the high court was correct to find former prime minister Datuk Seri Najib Razak guilty for all charges involving corruption over SRC International Sdn Bhd funds. 

Delivering a unanimous judgment, Court of Appeal judge Datuk Abdul Karim Abdul Jalil said there were no errors in findings by high court judge Nazlan Ghazali, given that the prosecution has proven elements of the offences beyond a reasonable doubt.

Among the significant rulings made by the Court of Appeal include that the trial judge had correctly found that Najib had been the shadow director of SRC International.

The Court of Appeal, Karim said, also referred to letters supporting arguments that the money received was actually donations by the Saudi royal family. 

However, the bench found the letters unauthenticated and merely hearsay. 

Karim also mentioned that evidence showed the funds came from SRC International and ended up in Najib’s personal account.

“If they were indeed donations, there was no reason for them to be deposited into SRC International accounts,” Karim said.

He pointed out that Najib’s actions on to the RM4 billion loan to SRC International were not for national interest but for personal benefit.

Karim said that it resulted in no national interest, but rather a national embarrassment.

Expanding further, Karim explained that the defence referred to opinions from those including the former attorney-general. 

However, the Court of Appeal ruled that such opinions could not sway the court.

“The opinions of people such as the attorney-general are not relevant in any proceedings. 

“Such opinions cannot replace evidence to arrive at a just and fair decision,” Karim added. 

Following the decision, Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah applied for a stay of execution against the Court of Appeal’s judgment today.

In response, Karim ordered the defence team to submit special circumstances to justify a stay of execution pending appeal to the Federal Court.

In the end, the Court of Appeal granted Najib a stay of execution similar to the terms of bail awarded by the high court previously. 

Earlier, Karim had ruled that the bench also upholds the high court judge’s conviction, RM210 million fine, and 12-year jail term on Najib. – The Vibes, December 8, 2021

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