PUTRAJAYA – Datuk Seri Najib Razak chose to be “wilfully blind” by not actively inquiring about the source of the RM42 million that was deposited into his personal bank accounts, the Federal Court heard today.
Ad hoc prosecutor Datuk V. Sithambaram said in his submission that it was “too far-fetched” to believe that the former prime minister “simply trusted” the explanation given by fugitive businessman Low Taek Jho – that the money came from an Arab donor.
He added that this is unacceptable as Najib had every avenue and means to carry out due diligence in his capacity as the prime minister then.
“The appellant (Najib) argues that the doctrine of wilful blindness is inapplicable as he held a reasonable belief that the funds were from the Arab donations based on what was intimated by Jho Low.
“This submission cannot be accepted as it is incredible for the appellant who was then the prime minister to have completely trusted what Jho Low is claimed to have said about the wish of King Abdullah to provide the personal donation to the appellant without making any confirmatory verification with the Saudi monarch or any Kingdom of Saudi Arabia officials.
“It is too far-fetched to believe that the appellant, more so as the (then) prime minister of the country, simply trusted what was conveyed by Jho Low to him and accepted the extremely large sums of foreign funds being paid into his personal accounts.”
Earlier in his oral submission, Sithambaram argued that Najib had personal knowledge that the funds were from SRC International Sdn Bhd through an affidavit he had filed in a civil suit against former transport minister Tun Dr Ling Liong Sik.
Sithambaram said the prosecution had proven through the chain of evidence that the Arab donation story used by Najib in his defence was untenable.
In his defence, Najib produced letters purportedly signed by Prince Saud Abdulaziz Al-Saud on behalf of the king of Saudi Arabia. However, the authenticity of the letters was never established during the trial.
On July 28, 2020, then high court judge Datuk Mohd Nazlan Mohd Ghazali, who is now an appellate 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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