PUTRAJAYA: The Federal Court here today was told that all actions taken by Datuk Seri Najib Tun Razak in the SRC International Sdn Bhd case were to achieve his personal desire to cause wrongful gain to himself and wrongful loss to the company.
Ad hoc prosecutor Datuk V. Sithambaram submitted that there was no evidence whatsoever that the appellant (Najib) had ever acted to protect and preserve the interests of SRC, as he was legally obliged to do.
"Najib was the prime minister, finance minister and also advisor emeritus of the company. It was plain and obvious that he used all his positions to extract financial gain from the RM4 billion Retirement Fund Inc (KWAP) loan to SRC. The criminal intention of the appellant is executed by the appellant wearing different hats.
"What was the appellant's plan for the billions standing frozen in a Swiss bank is anybody's guess. It was the mens rea of the appellant in executing the criminal intent in various capacities that enabled him to commit the seven offences charged.
"No artificial demarcation of the role of the appellant in various capacities should be entertained as it was his sole intention to commit crimes in the varied roles played by him in the country's administration and in SRC," the deputy public prosecutor (DPP) said at the hearing of Najib's appeal against his conviction and jail sentence for the misappropriation of RM42 million in SRC International funds.
Sithambaram said the combined roles Najib played enabled him to execute his game plan to benefit from the funds of SRC as he placed himself in a position where the SRC board of directors (BoD) acted on his instructions rather than as independent directors.
"Whilst the law requires that the SRC BOD should always act in the best interests of SRC, it was actually acting (unknowingly) in the best interests of the appellant.
"The RM4 billion KWAP loan to SRC has disappeared while the debt is still being paid by the government from public funds. It was unusual when the newly established company (SRC) was given such a huge loan.
"My Lady, the loan approval was done very fast, and it was approved by the cabinet chaired by Najib at the point of time," he submitted this before a five-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat.
The other judges on the bench are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd.
The lawyer further said that a total of RM50 million was transferred out of SRC to its subsidiaries namely Gandingan Mentari Sdn Bhd (GMSB) and Ihsan Perdana Sdn Bhd (IPSB) in two separate transactions of RM40 million in December 2014 and the further RM10 million in February 2015.
He said of the total sum, RM42 million was transferred to Najib's accounts in three transactions, namely RM27 million, RM5 million and RM10 million.
The hearing continues tomorrow.
-- BERNAMA
Bernama
Thu Aug 18 2022

The Federal Court today was told that all actions taken by Datuk Seri Najib Tun Razak in the SRC International Sdn Bhd case were to achieve his personal desire to cause wrongful gain to himself and wrongful loss to the company. - BERNAMA

Ramsay reveals hundreds of lucky cat statues stolen from new restaurant
Gordon Ramsay says about 477 Japanese cat models called maneki-neko were stolen from his Lucky Cat 22 Bishopsgate restaurant.

Zayn Rayyan case: Two child witnesses complete testimony today
So far, 20 prosecution witnesses, including the two children, have been called for this trial, according to the Deputy Public Prosecutor.

Macron says he will tell Trump not to be weak with Putin in Washington visit
Emmanuel Macron says showing any weakness to Russia's Vladimir Putin would make it harder to deal with China and Iran.

Israeli PM Netanyahu says Hamas will pay for not returning Shiri Bibas
Netanyahu accuse Hamas of acting "in an unspeakably cynical manner" by placing body of a Gaza woman in the coffin instead of Shiri Bibas.

Trump pulls US out of key global climate assessment, sources say
The US is a co-chair along with Malaysia of a working group on climate mitigation, or ways to reduce greenhouse gas emissions.

Japan to court Tesla on Nissan investment, FT reports
The group hopes Tesla will invest strategically, believing it's interested in acquiring Nissan's US plants, the report says.

185 children linked to GISB handed over to families - Exco
The children have been handed over to their families on bond with conditions by the court.

IRS fires 6,000 employees as Trump slashes US government
The move will eliminate roughly 6% of the agency's workforce in the midst of the busy tax-filing season.

Elon Musk wields chainsaw at conservative gathering, a gift from Argentina's Milei
This is the chainsaw for bureaucracy, says Elon Musk.
![[OPINION] For never again the world must know more about the Khojaly genocide [OPINION] For never again the world must know more about the Khojaly genocide](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/41740112820_KhazarUniversity.jpg)
[OPINION] For never again the world must know more about the Khojaly genocide
For Azerbaijanis, the Khojaly genocide is more than a historical event - it is a collective trauma that shapes their identity and worldview.

Israeli military says body released by Hamas is not of a hostage
Two bodies were identified as infants, but a third, believed to be their mother, Shiri, didn't match any hostage and remains unidentified.

Key takeaways from Trump-Putin talks: Ukraine, energy, NATO, sanctions
Here's what is known so far about what was discussed.
![[COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights [COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-09/41726025526_UnitedNations.jpg)
[COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights
For as long as rights are understood on Occidental terms, problems would inevitably remain. What is needed is an appreciation of diversity.

Argentina court clears 3 accused in singer Liam Payne's death
The court upheld the pre-trial detention of a hotel employee and a restaurant waiter held since last month.

Spanish ex-soccer boss Rubiales sentenced to pay fine over kiss without consent
Court also acquits Luis Rubiales' three co-defendants accused of attempting to coerce Jenni Hermoso into saying the kiss was consensual.

King’s health significantly improved after treatment - PM
Datuk Seri Anwar Ibrahim says he had the opportunity to seek an audience with the King twice during his official visit to Bahrain.

Why Trump wants the US Department of Education shut down
The vast majority of US children attend the country's free public schools, which are a big employer and economic engine.

How did a jet flip upside down on a Toronto runway and everyone survive?
Here is what we know about this accident and similar crashes.

TIMELINE - Trump's remarks on plan to take over Gaza, displace Palestinians
The plan has been condemned globally, with Palestinians, Arab nations and rights experts saying it was tantamount to "ethnic cleansing."

'No to drugs' signboards mooted as condition for concert permit
Datuk Hussein Omar Khan says it was part of their recommendations as efforts to curb drug taking at entertainment events.