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Ad hoc prosecutor V. Sithambaram says the criminal intention of Najib Razak (R) was executed wearing different hats in SRC International Sdn Bhd. – The Malaysian Insight pic by Najjua Zulkefli, August 18, 2022.

THE Federal Court in Putrajaya today was told that all actions taken by Najib 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 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 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 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 said at the hearing of Najib’s appeal against his conviction and jail sentence for the misappropriation of RM42 million in SRC International funds.

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Sithambaram said the combined roles Najib played enabled him to execute his game plan to benefit from SRC funds as he placed himself in a position where the SRC board of directors (BOD) acted on his instructions rather than as independent directors.

“While 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 for by the government from public funds. It was unusual that 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 in time,” he submitted before a five-member bench led by Chief Justice Tengku Maimun Tuan Mat. 

The other judges on the bench are chief judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges Nallini Pathmanathan, Mary Lim Thiam Suan and 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 a further RM10 million in February 2015.

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