PUTRAJAYA: Ad hoc prosecutor Datuk V. Sithambaram said it was totally unbelievable that Datuk Seri Najib Tun Razak did not personally know the balance in his bank accounts for five years just because the chief executive officer of SRC International Sdn Bhd Nik Faisal Ariff Kamil had been delegated to manage his accounts.

He said with the continuous flow of large amounts of money into his bank accounts, the former prime minister ought to have at least made enquiries as to the source and legality of these funds.

"Turning a blind eye to millions being deposited into the appellant’s (Najib) account on the sole reason that the management of his bank accounts had been delegated to Nik Faisal and that for five years he did not personally know the balance in his account, is totally unbelievable," he said.

Sithambaram submitted this today before a three-member bench led by Judge Abdul Karim Abdul Jalil in the hearing of Najib’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.

Sithambaram added that the appellant purportedly relied on his then principal private secretary the late Datuk Azlin Alias to know if he could issue his cheques.

"The appellant blatantly refused to acknowledge that he knew his account balance as that would impute his knowledge of the RM42 million deposited into his personal bank accounts.

"The appellant never testified as to whether he did enquire from Datuk Azlin, Nik Faisal or Jho Low as to the sources of the funds in his accounts which he was happy to spend without question," he added.

The Penang-based veteran criminal lawyer added that Najib had issued 15 personal cheques amounting to RM10.7 million and had also spent RM466,330 in Honolulu, Hawaii, through his credit card to buy a Chanel watch as a birthday present for his wife Datin Seri Rosmah Mansor.

He said it was clear that Najib had utilised the funds received from SRC International in full, based on the evidence adduced in the money trail and elaborated in the criminal breach of trust (CBT) charges.

"The expenditure by the appellant proves his knowledge of the RM42 million from SRC entering his personal bank accounts," he said, adding that Najib’s conduct also demonstrated clearly the application of the doctrine of wilful blindness under the anti-money laundering law.

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.

-- BERNAMA