PUTRAJAYA: Former Attorney-General (AG) Tan Sri Mohamed Apandi Ali’s integrity has been questioned after he previously exonerated Datuk Seri Najib Tun Razak of misappropriating funds belonging to SRC International Sdn Bhd when evidence proved otherwise, the Court of Appeal heard today.

Ad-hoc prosecutor Datuk V. Sithambaram submitted how Mohamed Apandi, who was the 14th defence witness (DW14), had affirmed the two flow charts he held during his press conference to exonerate Najib held on Jan 26, 2016, were the same flow charts tendered as evidence during the trial.

Sithambaram said the flow charts which Mohamed Apandi held clearly showed funds from SRC International entering Najib’s bank accounts were not the Arab donation as claimed by Najib throughout his defence.

He submitted this before a three-member bench led by Judge Datuk Abdul Karim Abdul Jalil in the hearing of the former premier’s appeal against his conviction and jail sentence for misappropriation of RM42 million in SRC International funds. 

The other two judges on the bench were Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera. 

SRC International previously obtained two loans totalling RM4 billion from the Retirement Fund Incorporated (KWAP) through two Government Guarantees (GGs) that Najib had signed off on as prime minister and finance minister during two Cabinet meetings held in August 2011 and February 2012.

“DW14 (Mohamed Apandi) further testified that he had issued two press releases in January 2016 instructing the Malaysian Anti-Corruption Commission (MACC) investigations against the appellant to be closed as he (DW14) was satisfied inter alia that there was no evidence to show the appellant had abused his position to approve the GGs of RM4 billion loan to SRC from the KWAP.

“The evidence clearly showed that the RM42 million deposited into the appellant’s bank accounts were from SRC and not Arab donation or from any other sources. 

“This evidence cast doubt on the integrity of DW14 in finding that the appellant was innocent of the offences that were being investigated by the MACC,” said Sithambaram. 

The prosecutor said during cross-examination, Mohamed Apandi had agreed that the decision he made in exonerating Najib was based on available material in the investigation papers as at Jan 26, 2016.

“The decision of Mohamed Apandi 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 investigations then,” he said. 

Sithambaram said it is trite that the decision of any court was not based on the opinion of any person but based on evidence produced in court.

Earlier, Sithambaram said that the setting up of SRC had nothing to do with national interest considerations but was instead an intentional, deliberate and calculated plan engineered by Najib for personal benefit. 

“It looks like a scam,” he said.

The Kuala Lumpur High Court had on July 28 last year sentenced Najib to 12 years’ jail and RM210 million fine after finding him guilty on seven charges of criminal breach of trust, money laundering and abuse of position, involving RM42 million in SRC International funds.

The hearing of the appeal continues on Monday.  

-- BERNAMA