KUALA LUMPUR — April 3, 2019: The prosecution will prove that former prime minister Datuk Seri Najib Razak had used his position to obtain for himself gratification of RM42 million and that he was directly involved in deciding on behalf of the government to give government guarantees for loans of RM4 billion for SRC International Sdn. Bhd. from Kumpulan Wang Persaraan.
“It is my duty and privilege of opening the first trial in our courts against a former prime minister who for nearly a decade occupied the most powerful office in the land and wielded near absolute power,” remarked Attorney-General Tommy Thomas on the opening day of a trial against Najib.
“Such privilege carries with it enormous responsibility, which my office intends to discharge in order to establish that the accused is guilty of the seven charges he is facing before your lordship.
“The accused during his entire period in office as prime minister of which time these offences were committed simultaneously held the office of minister of finance, thereby combining maximum political power and control of the nation’s purse.”
Najib, 66, is facing three charges of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC International funds amounting to RM42 million, reported Bernama.
He is alleged to have committed the offences at AmIslamic Bank and the Prime Minister’s Office between August 17, 2011, and February 10, 2015.
According to Thomas, the trial is the first of many kleptocracy-1MDB-linked prosecutions.
He said a common feature of both companies (1MDB and SRC International) was that the true power directing and managing their affairs did not lie with the board of directors as is required by law and is the universal practice wherever companies carry on businesses but with Najib.
In proving the ingredients on the charge of abusing his position, Thomas said evidence will be led by the prosecution to establish the proposed establishment of SRC International, the setting-up of a RM3 billion grant, SRC International’s request for a government loan for RM3.95 billion, the appointments of SRC International’s board and one Nik Faisal Ariff Kamil as the CEO of SRC International.
Evidence will also be led regarding monies totalling RM42 million, sourced from SRC International, that was channelled through the company accounts of Gandingan Mentari Sdn. Bhd., a wholly-owned subsidiary of SRC International, and Ihsan Perdana Sdn. Bhd., purportedly appointed as SRC International’s corporate social responsibility partner.
The accused, between 17 August 2011 and 8 February 2012, as a result of the aforesaid, had received as gratification totalling RM42 million into his bank accounts, said Thomas.
The prosecution will further establish that Najib, whilst entrusted with monies belonging to SRC International, committed CBT for sums of RM27 million, RM10 million and RM5 million belonging to SRC International.
There will be evidence that a special resolution was passed to amend SRC International’s Articles of Association to appoint Najib as advisor emeritus who shall advise the board on material matters and matters of strategic interest to Malaysia and that the board shall give due consideration to and implement any of his advice in the best interest of the company.
According to Thomas, Najib had also issued 15 cheques from his account totalling RM10,776,514.00.
In December 2014, Najib’s credit card was charged US$130,625 for expenses at a Chanel store in Honolulu. Personal cheques were issued, among others, as payment for renovation at Najib’s house in Langgak Duta, another in Pekan, where his an MP, as well as to various Barisan Nasional political parties.