FORMER prime minister Datuk Seri Najib Tun Razak has applied to be acquitted of three other charges of money laundering involving SRC International Sdn Bhd (SRC) funds totalling RM27 million, which he is facing in the High Court.
Lawyer Tan Sri Muhammad Shafee Abdullah, representing Najib, said the application was made after deputy public prosecutor (DPP) Mohd Ashrof Adrin Kamarul informed Judge K. Muniandy that the prosecution had yet to decide on the defence’s letter of representation sent to the Attorney-General’s Chambers (AGC) on July 31.
“The case dates back to 2019 and has been mentioned several times before this court. Therefore, in order not to prejudice both parties, especially the client, I request the court to issue a DNAA order under Section 173 of the Criminal Procedure Code as the case has not been pursued at all.
“If the DPP takes a different decision in the future, the prosecution may decide to pick up the case from where we left off... this case has been hanging for so long,” said Shafee.
Judge Muniandy then asked the prosecution why the AGC was so slow in deciding on the representation.
Ashrof said the case involved a high-profile person with many documents to be scrutinised and that there was another case (International Petroleum Investment Company vs Najib) that had not yet been heard.
“All parties had previously agreed that the three charges would not be heard until the RM42 million SRC International misappropriation of funds case was decided, and the case review was completed at the Federal Court on March 31.
“According to my records, there were only three mentions of the case after March 31, including today’s proceedings. Therefore, I am applying for a final date to deal with the case to know how the representation is progressing,” he said, adding that he had been instructed to apply for an additional three months to allow the AGC to review the contents of the representation.
Judge Muniandy fixed January 19 next year as the final date for the attorney-general to decide on the representation.
On February 3, 2019, Najib claimed trial to three charges of money laundering by accepting proceeds from unlawful activities amounting to RM27 million through his three AmPrivate Banking accounts at AmIslamic Bank Berhad, AmBank Group Building, Jalan Raja Chulan on July 8, 2014 under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
He faces a maximum fine of RM5 million or imprisonment of up to five years, or both, if convicted.
The former Pekan MP is also on trial for embezzling RM2.3 billion in 1MDB funds. The prosecution has called 48 witnesses before Justice Datuk Collin Lawrence Sequerah (now a Court of Appeal judge).
Najib is also facing another criminal case for breach of trust totalling RM6.6 billion in relation to payments to IPIC before Judge Datuk Muhammad Jamil Hussin, which is still at the case management stage.
Najib is now serving a 12-year term in Kajang Prison for the RM42 million SRC International case. – Bernama, December 1, 2023.
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