PUTRAJAYA – Datuk Seri Najib Razak knew about the RM42 million from SRC International Sdn Bhd entering his bank accounts as evidenced in a sworn affidavit in a civil suit he filed against former transport minister Tun Dr Ling Liong Sik, the Federal Court heard today.
During his submission in the former prime minister’s final appeal hearing today, ad hoc prosecutor Datuk V. Sithambaram said this was corroborated by lawyer Ranjit Singh who testified at the high court on July 29, 2019.
“The learned judge (Datuk Mohd Nazlan Mohd Ghazali) rightly decided that the appellant’s (Najib) sworn affidavit provided the direct evidence, which confirmed the appellant’s knowledge that RM42 million was transferred into his account from SRC.
“The appellant only did not know that the funds were transferred through GMSB (Gandingan Mentari Sdn Bhd) and IPSB (Ihsan Perdana Sdn Bhd).
“The evidence of Ranjit Singh showed the actual knowledge of the appellant (Najib) through the admission in the pleadings filed on his behalf and his own sworn affidavit in the civil suit he instituted against Tun Ling Liong Sik,” said Sithambaram.
Najib had maintained he had no knowledge of the source of the funds.
During the 2019 trial, Ranjit was asked to verify the original copies of the writ of summons and statement of claim related to the suit filed by Najib through his then lawyer Datuk Mohd Hafarizam Harun on October 30, 2015.
Ranjit also testified that Najib admitted that some US$700 million (RM3.13 billion), supposedly part of a donation from an “Arab donor”, had entered his bank accounts along with RM42 million from SRC.
However, Ranjit said Najib had no personal knowledge that the money was channelled through two intermediaries – GMSB and IPSB.
Ranjit had represented Dr Ling in the civil suit.
Najib had sued Dr Ling after the latter allegedly made a defamatory statement during a function at Tunku Abdul Rahman University College in Kuala Lumpur on October 3, 2015.
‘Arab donor’ story not tenable
Sithambaram today argued that the prosecution had proven through the chain of evidence that the Arab donation story used by Najib in his defence was untenable.
Despite Najib having produced letters purportedly signed by Prince Saud Abdulaziz Al-Saud on behalf of the king of Saudi Arabia, the authenticity of the letters was never established during the trial.
Najib had also maintained during the trial that funds he received in his personal bank account were from a wealthy Arab donor.
“The contents of the Arab letters are not admissible evidence other than the fact that these letters were given to AmBank when queried as to the source of the funds.
“The Arab letters were marked to prove production to AmBank only as agreed by the prosecution and defence.
“The learned judge fittingly found that the appellant’s belief that the funds in his accounts were Arab donations was unbelievable when weighed against the totality of the evidence. The knowledge of the appellant is clear from the evidence shown, where the appellant knew of the transactions and the status of his bank accounts,” said Sithambaram.
The court then stood down and the hearing will resume at 3pm later today.
On July 28, 2020, then high court judge Nazlan, who is now a Court of Appeal judge, sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust and each of the three counts of money laundering; and 12 years’ jail and a RM210 million fine, in default of five years’ jail, for abusing his position.
Last year, the Court of Appeal upheld the high court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence, as well as the fine. – The Vibes, August, 19, 2022
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