Najib victim of scam by Jho Low, others, says defence

Lawyer Tan Sri Muhammad Shafee Abdullah, who is leading the defence team, said his client’s case has become complicated simply because of the personality involved, namely Najib.

He said because it was Najib, there is a lot of prejudice drawn against him, like what the prosecution had said that being a man of knowledge, a man of finance, he should be aware of money coming into his accounts.

“I must say that the truth of the matter in our defence is that it has become complicated for us to produce the best defence possible,” he said.

Muhammad Shafee, in his reply to rebut the prosecution’s submission, also said that Najib himself was a victim of a scam and series of misrepresentations by the likes of Jho Low and Nik Faisal Ariff Kamil (former CEO of SRC), other senior management of SRC and a bunch of ‘rogue’ bankers like Joanna Yu (former relationship manager of AmBank).

The lawyer further said it was an extremely cumbersome and a difficult defence because Najib was surrounded by the people who committed the scam in which he himself was a victim.

“It is easy for everyone, including the court, to be so fortified in this belief that the circumstances surrounding Datuk Seri Najib would deprive him of the defence that would otherwise be available to the common man, who is not a sitting Prime Minister,” he said.

Muhammad Shafee also cited a judgment by the late Justice Tun Mohamed Suffian Mohamed Hashim in a criminal case as an example of how a court makes a decision after a full trial.

Muhammad Shafee said that judgment had stated five principles and asked the court to consider only two of them, that “if you accept or believe the accused's explanation... acquit, and if you do not accept or believe the accused's explanation but nevertheless it raises in your mind a reasonable doubt as to his guilt.... acquit.”

The lawyer also pointed out the time frame of about three and half years between the disbursement of RM4 billion loans from Retirement Fund Inc (KWAP) to SRC and the transfer of RM42 million to his client’s accounts.

“The entire disbursement took place on August 29, 2011 and the entire RM2 billion was disbursed in four tranches no doubt, but on the same day.

“The second RM2 billion was disbursed on March 28, 2012. Bearing in mind, the RM42m was three and a half years later.

“I want to ask this question. Wouldn’t the most powerful man, if he was like that, namely corrupt in that sense, wouldn't he say look, I’m giving you RM4 billion, you better give me the RM42 million upfront or even a day or two before this thing is done. Is this a pathological corruption?” asked the lawyer.

Najib is facing seven charges of misappropriating RM42 million in SRC International funds, comprising three counts of criminal breach of trust (CBT), three counts of money laundering and one count of abuse of position in relation to the SRC funds.

The Pekan MP allegedly committed the offences at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan here, and at the Prime Minister's Office, Precinct 1, Putrajaya, between Aug 17, 2011, and March 2, 2015.

Justice Mohd Nazlan Mohd Ghazali asked the defence to wind up its submission tomorrow.