Najib washed his hands off SRC affairs - DPP

Ad hoc prosecutor Datuk V. Sithambaram said there was no evidence that the appellant (Najib) had acted in protecting the interests of SRC, although billions of money had been channelled to the company by the Retirement Fund Incorporated (KWAP).

"My lord, there was no evidence that the appellant had acted to protect or preserve the interests of SRC. In fact, during the trial, he told us that he had left all matters to the board of directors (BOD).

"He never said that he had done things to safe SRC and he also did not blame the BOD for misbehaving...he simply 'cuci tangan' (washed his hands off.”

Sithambaram said this in his submission before a three-member bench led by Justice Datuk Abdul Karim Abdul Jalil in the hearing of Najib’s appeal against his conviction and jail sentence for the 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.

The Penang-based veteran criminal lawyer said Najib's defence of blaming others for the wrongdoings committed in the company was "simply outrageous".

He said it was Najib alone and nobody else who gained from the misappropriation of SRC funds.

"His blaming others was just blowing hot and cold, it was simply outrageous. There is no evidence to show that others had received any personal benefits in this issue.

"Even if fugitive businessman Low Taek Jho or Jho Low was behind the scenes, it does not make a difference. As they (Low, Datuk Azlin Alias and Nik Faisal Ariff Kamil) all worked for the same boss (Najib), the ultimate boss,” Sithambaram said.

He pointed out that the evidence and facts showed that Najib continued giving his personal banking mandate to SRC's chief executive officer, Nik Faisal Ariff Kamil for many years until the closure of his AmBank accounts.

"It defies credibility for him to now suggest that Nik Faisal was acting without his knowledge while retaining the man as his trusted mandate holder.

"Nik Faisal was retained even after he was sacked as the CEO of SRC for financial irregularities. Nik Faisal was actually the trusted lieutenant of the appellant (Najib)," he said.

Sithambaram also said that evidence showed that Najib not only misappropriated RM42 million as stated in the three criminal breach of trust (CBT) charges against him, but he had also utilised the money for his personal benefit and political purposes.

The Kuala Lumpur High Court had on July 28 last year sentenced Najib to 12 years’ jail and a 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 tomorrow.