Najib charged with CBT, abuse of power involving RM42 million of SRC funds (Updated)

Former prime minister Datuk Seri Najib Abdul Razak has been charged at the sessions court today with three counts of criminal breach of trust (CBT) and one charge under the MACC Act over a whopping RM42 million linked to SRC International Sdn Bhd case.

(The Sun Daily) – He allegedly committed the breach of trust when he held the office as Prime Minister and Finance Minister for nine years since 2009.

When taken to High Court, he claimed trial to the charges that were read out in front of Justice Mohd Sofian Abd Razak.

The silver-haired fallen leader was seen pursing his lips as he took his seat in the stand.

On the first charge, Najib was accused that as a public servant and agent, namely Prime Minister and Finance Minister of Malaysia, Advisor Emeritus SRC International Sdn Bhd (SRC) and in those capacities entrusted with control of funds belonging to SRC totalling RM4 billion, had committed CBT involving a sum of RM27 million.

On the second count, Najib was charged that as Prime Minister and Finance Minister with control over SRC funds totalling RM4 billion, he had committed CBT involving RM5 million at the same place and during the same time frame.

He was accused of committing the offence at AmIslamic Bank Berhad, Ambank Group Building , No 55, Jalan Raja Chulan, here between Dec 24, 2014 and Dec 29, 2014 and charged under Section 409 of the Penal Code which provides for jail up to 20 years and whipping and can also be fined, if convicted.

On the third count, Najib was charged with being Prime Minister and Finance Minister entrusted with SRC-owned funds of RM4 billion, committing CBT involving RM10 million at the same place between Feb 10, 2015, and March 2, 2015, according to the same section (of the Penal Code).

He allegedly committed the offence between Feb 10, 2015, and March 2, 2015, at AmIslamic Bank Berhad at Jalan Raja Chulan.

On the fourth charge, Najib was accused of being a public official namely Prime Minister and Minister of Finance of Malaysia, using his position to commit bribery involving RM42 million when he participated or was involved in a decision on behalf of the Malaysian government, to provide government guarantees for loans from the Retirement Fund Incorporated Fund to SRC International Sdn Bhd amounting to RM4 billion.

If found guilty, he can be imprisoned for a maximum of 20 years, fined not less than five times of the amount taken or RM10,000 whichever higher.

Under the MACC Act, Najib was charged to have used his position as prime minister and finance minister to obtain funds of RM42 million when he decided or was part of the decision that gave a government guarantee for loans worth RM4 billion from the retirement fund Kumpulan Wang Persaraan (Diperbadankan) to SRC International Sdn Bhd between Aug 17, 2011 and Feb 8, 2012.

He was charged to have committed the offence at the Prime Minister’s Office and was charged under Section 23 of the MACC Act, punishable under Section 24 of the same act.

Najib, clad in a blue suit and purple tie, appeared calm when the charges were read out in front of senior judge Datuk Zainal Abidin Kamarudin. No plea was recorded.

The former premier who turns 65 on July 23 was represented by senior lawyer Tan Sri Shafee Abdullah and legal team consisting of lawyers Harvinderjit Singh, Datuk Raj Krishnan, Farhan Read, Rahmat Hazlan and Muhammad Farhan Shafee.

His children Nazifuddin, Nizar, Puteri Norlisa, Nooryana and Norashman were present in court.

The prosecution team was led by Attorney-General Tommy Thomas and deputy public prosecutors Datuk Mohamad Hanafiah Zakariah, Manof Kurup, Datuk Suhaimi Ibrahim, Datuk Umar Saifuddin Jaafar, Datuk Ishak Mohd Yusoff, Donald Joseph Franklin, Muhammad Saifuddin Hashim Musaimi, Budiman Lutfi Mohamed, Sulaiman Kho Kheng Fuei, Mohd Ashrof Adrin Kamarul and Muhammad Izzat Fauzan.

Najib was arrested by the Malaysia Anti-Corruption Commission (MACC) at 2.35pm yesterday at his house in Jalan Langgak Duta, Kuala Lumpur according to a statement by the 1MDB task force that is undertaking investigations on the scandal.

The task force made up of former Attorney-General Tan Sri Abdul Gani Patail, former MACC Chief Commissioner Tan Sri Abu Kassim Mohamed, current MACC Chief Commissioner Datuk Seri Mohd Shukri Abdull and police Special Branch director Datuk Abdul Hamid Bador.

Najib had gone to the MACC headquarters twice earlier to have his statement recorded over the investigation into a case related to SRC International.