PUTRAJAYA: The Court of Appeal was told that Datuk Seri Najib Razak had “abandoned” his own defence that he was framed by Low Taek Jho in the misappropriation of RM42mil from SRC International Sdn Bhd when he admitted to giving instructions to the fugitive financier to ensure his bank account was padded.
Ad hoc prosecutor Datuk V. Sithambaram said this in the prosecution’s rebuttal at the hearing of an appeal filed by Najib against his conviction and sentence in the SRC International case.
He said throughout the prosecution trial, the appellant’s (Najib) defence was that Low, or better known as Jho Low, had manipulated Najib’s account and thereby caused RM42mil to flow into his personal bank accounts without his concurrence and knowledge.
“Hence, it was a defence that the appellant had been framed by Jho Low and purportedly by (AmBank) bankers to make it appear that he had committed the criminal breach of trust (CBT) offences.
“This defence was however abandoned by the appellant in the defence case thereby showing that his was a mala fide (bad faith) defence advanced in the prosecution case,” he said here on Tuesday (April 20).
Sithambaram submitted that it was obvious that this defence lacked ingenuity and credibility as the Pekan MP himself had readily admitted that it was he who instructed Low together with Najib’s late principal private secretary Datuk Azlin Alias and former SRC CEO Nik Faisal Ariff Kamil to ensure that his bank accounts had ready monies to enable him to issue many cheques, running into the millions.
“This contradictory stance of the defence as to the source of the funds is the clearest evidence that the defence of the appellant having no knowledge of the SRC funds is a sham and self-serving defence to avoid being found committing the offences for which he has been charged,” Sithambaram said.
On July 28 last year, the Kuala Lumpur High Court sentenced Najib to 10 years’ jail on each of the three counts of criminal breach of trust as well as each of the three counts of money laundering.
Najib, 68, is currently out on bail of RM2mil in two sureties pending appeal.
The appeal hearing continues Tuesday afternoon before the panel chaired by Justice Abdul Karim Abdul Jalil.
Other judges on the panel are Justices Has Zanah Mehat and Vazeer Alam Mydin Meera.

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