PUTRAJAYA – The proceeding for the appeal to set aside former Prime Minister Datuk Seri Najib Razak’s conviction over the abuse of RM42 million belonging to SRC International Sdn Bhd (SRC International) has entered its 6th day.
Najib, who is also the Member of Parliament of Pekan arrived at the court at around 8.45 am looking calm as he waved, smiled, greeted and replied ‘Happy Fasting’ to the photographers present at the lobby of the Palace of Justice just now.
On 28 July 2020, High Court Judge Mohd Nazlan Mohd Ghazali had sentenced Najib to 12 years in prison and a fine amounting to RM210 million after finding him guilty over sever seven counts of criminal breach of trust, money-laundering and power abuse over the funds belonging to SRC International.
Yesterday, the Court of Appeal was told that that Najib did not know that the money in his account was transferred from SRC International as he believed that the money in his AmBank account was from the balance of the contribution from the Saudi Arabian royal family.
His counsel, Harvinderjit Singh said that approximately RM164 million was transferred into Najib’s new account after his old account used to receive donations was closed in August 2013.
“Judge Mohd Nazlan Mohd Ghazali who heard the case said that Najib must have known that Najib knew that the RM42 million deposited into his account was from SRC. That was a mistake.
“The judge erred when equating ‘knowledge’ after the money was transferred to ‘dishonesty’. The element mens rea for ‘dishonesty’ in the criminal breach of trust is based on ‘intention’ and not ‘knowledge’,” he said yesterday.
Harvinderjit said, fugitive businessman Low Taek Jho or Jho Low, was the man who transferred the money from SRC into Najib’s account without his knowledge.
The proceeding today will continue before Judge Datuk Abdul Karim Abdul Jalil along with Jusge Datuk Has Zanah Mehat and Judge Datuk Vazeer Alam Mydin Meera.
Today is also the final day for the appellant led by counsel, Tan Sri Muhammad Shafee Abdullah to bring in their argument before the prosecution is named as the respondent in this appeal proceeding. – MalaysiaGazette