PUTRAJAYA – The defence of the SRC International Sdn Bhd (SRC International) appeal by Datuk Seri Najib Razak to strike off his conviction on the misappropriation of RM42 million belonging to SRC International continued its argument at the Court of Appeal today.
Tan Sri Muhammad Shafee Abdullah who led Najib’s defence expressed his astonishment that the former Prime Minister was found guilty for misappropriating SRC International Sdn Bhd’s funds.
He said, not only that Najib had no interest in the company as accused, on the contrary, his client was also not a Director or shadow director in SRC International.
According to Shafee, High Court Judge Mohd Nazlan Mohd Ghazali who sentenced Najib had used the England’s common law concept.
He said, Mohd Nazland had used the statutory law for the shadow director position in delivering the verdict on Najib.
“Najib was never the director, nor the shadow director in SRC before this.
“Although Section 402A of the Penal Code defines that the position of the director is similar to the shadow director, however, this is not the same in England.
“My client was not an insider of the company or the director, or shadow director who can be implicated with criminal breach of trust, under Section 402A,” he said before the three-panel judges led by Datuk Abdul Karim Abdul Jalil along with Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.
Najib, who is also the Member of Parliament of Pekan is appealing to strike of his verdict and 12 years imprisonment sentence and RM210 in fine after he was found guilty on seven counts of charges involving SRC International.
Muhammad Shafee said, the prosecutors also did not mention in details about the elements of criminal breach of trust which could implicate Najib with the charges.
“The judge had unfairly sentenced my client by adapting the statutory law in England,” he said.
Judge Mohd Nazlan when reading his verdict mentioned that Najib, who is also the former Finance Minister was the shadow director with a huge influence in SRC International. -MalaysiaGazette