Why the government’s case against Najib has hit the wall

By MT Webmaster Last updated Jul 15, 2018

First of all, when Amar Singh confiscated those so-called RM1 billion cash and assets, were Najib and/or Rosmah home? Did the police list down the details of the cash and valuables they were going to confiscate and make Najib and/or Rosmah sign the receipt? If not, then how can they prove those cash and valuables belong to Najib and/or Rosmah? Najib and/or Rosmah did not sign any list.

NO HOLDS BARRED

Raja Petra Kamarudin

First of all, a person is presumed innocent until and unless proven guilty in an open trial in a court of law. Najib Tun Razak has not yet been tried and/or proven guilty in an open trial in a court of law. So, Najib is as innocent as Lim Guan Eng is, who Tun Dr Mahathir Mohamad found innocent enough to be appointed to Malaysia’s second most important cabinet post, that of Finance Minister.

Malaysia’s new non-Malay-speaking Attorney-General, Tommy Thomas, the advocate for the Communist Party of Malaysia or CPM, told the court the action against Najib was based on media and blog reports regarding 1MDB. Yes, they arrested and charged Najib based on media and internet ‘chatter’. So, is there any ‘smoking gun’ after all?

Three years ago, they said they do have a smoking gun and that was why the then Attorney-General, Abdul Gani Patail, drafted the charge sheet against Najib. However, before he could arrest Najib, he was removed from his post, said Gani.

Why did Gani issue a charge sheet back in 2015 if the case against Najib was still under investigation?

If that is true, why are they still investigating and gathering evidence against Najib?

One point that they raised all along is that Switzerland is also investigating this case and Switzerland has the smoking gun. At least that was what Sarawak Report and the United States newspapers are saying. But then Switzerland’s Attorney-General said yesterday that Najib is not a target of that investigation. So, does that mean Najib is not involved in any wrongdoing regarding 1MDB in the event there were wrongdoings?

Singapore has taken action against those alleged to have been involved in wrongdoings involving 1MDB and they are also trying to arrest Jho Low to bring him back to Singapore to face trial. But Singapore is not trying to also arrest Najib. And since Najib is ‘stuck’ in Malaysia it would not be difficult to arrest Najib and bring him to Singapore to face trial.

Was Najib and/or Rosmah home when they confiscated these items from the condo and did they sign for them?

Why has Singapore not nabbed Najib and charged him in court? Is that because Singapore has not found any evidence to implicate Najib in a crime involving 1MDB? If Najib is guilty then Singapore would not let him go just like they did not spare the MCA President, Tan Koon Swan.

And Koon Swan was Mahathir’s and Daim Zainuddin’s business ‘kaki’ and yet Singapore jailed him. Do you think Singapore would let Najib go if he is guilty?

Now, that Bengali from PDRM confiscated, kononnya, RM1 billion of Najib’s and Rosmah Mansor’s cash and valuables. So that is ‘proof’ that Najib, and maybe even Rosmah as well, are guilty of stealing 1MDB’s money.

Singapore arrested and jailed Mahathir’s and Daim’s ‘kaki’, Koon Swan, but did not do the same to Najib

First of all, when Amar Singh confiscated those so-called RM1 billion cash and assets, were Najib and/or Rosmah home? Did the police list down the details of the cash and valuables they were going to confiscate and make Najib and/or Rosmah sign the receipt? If not, then how can they prove those cash and valuables belong to Najib and/or Rosmah? Najib and/or Rosmah did not sign any list.

When they raided my house to confiscate my computer (about five or six times over 2001 to 2008) I was made to sign the receipt that listed down the full details of the computer (plus documents, videos, tapes, etc). If not, when they charge me in court, I will claim I have never seen that computer in the entire life and do not know where that computer came from. Then the case against me will be thrown out of court because the ‘evidence’ was rejected.

So, since Najib and/or Rosmah were not home and never signed any receipt for the RM1 billion cash and valuables the police confiscated, how can they prove this ‘evidence’ came from Najib’s/Rosmah’s house?

Secondly, even if they can prove the RM1 billion cash and valuables came from Najib’s/Rosmah’s house, how can they prove they belong to Najib and/or Rosmah?

For example, when the police confiscated a computer from my house, I just kept quiet and did not tell them that the computer actually did not belong to me. They then tried to find the evidence in that computer but failed.

The prosecution told the court they could not find any evidence against me in the computer and requested to do a second forensic test and I still did not open my mouth. I was playing cat-and-mouse with the police so that eventually, when I take the stand to testify, I will just tell the court the computer is not mine and blow the entire case and make the police look like idiots.

Now, Umno is taking legal action against PDRM to claim the RM116.7 million cash.

A Lebanese jewellery firm is suing Rosmah for RM60 million and is claiming that part of the jewellery PDRM confiscated belongs to them and not to Rosmah.

Can you see the case against Najib crumbling to dust?

And a very important point to note is, extradition is not automatic, as what the Malaysian government wants you to believe. You must go to court and prove that the person you want extradited has committed a crime in the country you want to extradite him to. If not, you cannot simply arrest someone and bring him home.

Jamal ‘Red Shirt’ was arrested and brought home from Indonesia because he had already been charged in court and was a fugitive from the law. Jho Low has not yet been arrested and charged in court. So, he is not really a fugitive from the law.

At the very least there should be a warrant of arrest but Jho Low can always go to court to challenge that arrest warrant and the Malaysian government will need to show evidence to prove Jho Low had broken the law.

I, too, had been charged in court and was facing trial so I, too, was a fugitive from the law. But even that was not enough to get me extradited. The Malaysian government had to first prove dual-criminality and when they failed to do that the British government would not arrest me and send me back to Malaysia.

For example, say Jho Low had committed sodomy in a gay sex act. In Malaysia that is a crime but in the UK it is not. So, the UK government will not extradite Jho Low back to Malaysia to face trial. In short, the UK will not arrest Jho Low and send him back to Malaysia just because Malaysia says so. And is this not what is also happening in Australia regarding Sirul Azhar Umar?