PUTRAJAYA, Oct 29 (Bernama) — The High Court was informed today that Datuk Seri Najib Tun Razak failed to produce the alleged donor of RM2.3 billion to substantiate his claim that the funds were ‘donations’ from Saudi Arabia.
In his opening remarks for the prosecution’s submissions, deputy public prosecutor Datuk Ahmad Akram Gharib contended that Najib’s sworn testimony provided no credible explanation on the matter. Instead, the former prime minister stated he had “believed” the monies were donations.
The prosecutor submitted that Najib relied solely on four purported donation letters, without producing the donor, any authentic documentation, or a corroborating witness.
He argued that the accused had presented nothing more than a narrative already adjudicated by the High Court and Court of Appeal, affirmed by the Apex Court in the SRC International Sdn Bhd case, to be “unbelievable,” “difficult to sustain,” “untenable” and a “fabrication.”
“My Lord, the evidence shows the accused had a direct personal interest in the decisions made by 1Malaysia Development Berhad (1MDB). He benefited personally through funds traced to his personal bank accounts. His attempt to distance himself from operational decisions is belied by contemporaneous evidence of direct intervention.
“This is as we submitted on the evidence of the accused’s conduct throughout the material time. Thus, the prosecution’s case remains unshaken, cogent and consistent, while the accused’s evidence is evasive, self-serving and riddled with contradictions,” Ahmad Akram asserted.
The prosecutor further submitted that the prosecution’s evidence—both oral and documentary—remained unchallenged on its material particulars, noting that the credibility of the witnesses was never successfully impugned, as their testimonies remained consistent and corroborated.
Ahmad Akram further emphasised that the defence’s narrative was implausible, contradictory and unsupported by the evidence, asserting that the accused’s explanations failed to withstand scrutiny when measured against the contemporaneous record.
This, he submitted, was evidenced by the timing and pattern of fund inflows that directly corresponded with 1MDB transactions, as well as communications involving the fugitive businessman Low Taek Jho, or Jho Low, of which the accused was fully aware and from which he derived personal benefit.
The prosecutor added that no credible corroboration existed for the alleged Arab donation, arguing that the accused had demonstrated a complete departure from the standard of due diligence expected of an individual holding the offices of Prime Minister and Finance Minister upon the personal receipt of such substantial funds.
“In this case, the accused’s version does not raise a reasonable doubt and is far from rebutting the presumption on a balance of probabilities. Instead, it reinforces the prosecution’s narrative of deliberate abuse of power for personal gratification.
“Therefore, it is our respectful submission that the prosecution has proven all elements under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 beyond a reasonable doubt. The presumption under Section 23(2) was rightly invoked and remains unrebutted.
“Apart from that, the accused’s evidence is wholly unreliable and incapable of raising any reasonable doubt. Accordingly, it is respectfully submitted that a conviction should be entered,” he concluded.
During the morning session, the court heard submissions from Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, which concluded after seven days of hearing.
On May 6, Najib’s defence concluded its case after calling 26 witnesses, and the court set nine days starting Oct 21 for oral submissions.
Najib, 72, faces 25 charges, including four counts of abusing his position to accept RM2.3 billion in bribes from 1MDB funds and 21 charges of money laundering involving the same amount.
Najib is currently serving his sentence in Kajang Prison for the misappropriation of RM42 million from SRC International Sdn Bhd.
The proceedings before Judge Datuk Collin Lawrence Sequerah resume tomorrow.
— BERNAMA