Prosecution and judge in Najib’s SRC trial colluded to suppress evidence
Furthermore, the ad hoc prosecutor, V. Sithambaram, and the trial judge, Mohd Nazlan Mohd Ghazali, need to be investigated for fabricating charges against Najib and for suppressing evidence that would have found Najib not guilty.
NO HOLDS BARRED
Raja Petra Kamarudin
On 6th December 2021, the prosecution in Najib Tun Razak’s SRC International Sdn Bhd case said, “There is no relevant additional evidence that is required for the fair disposal of this case. I categorically deny that the prosecution has concealed any fact relevant to the charges during the trial or appeal process before this honourable court.”
This was the declaration made by Deputy Public Prosecutor (DPP) Budiman Lutfi Mohamed in an affidavit filed in the Court of Appeal on Monday, 6th December 2021.
That, however, is not true. The ad hoc prosecutor, V. Sithambaram, and the trial judge, Mohd Nazlan Mohd Ghazali, colluded to suppress material evidence, which would have cleared Najib of the charge and which would have found him not guilty.
READ MORE HERE: Judge Nazlan Fixed Up Najib On Fabricated Charges And A Sham Trial
The evidence that was suppressed and which was not revealed in the trial was this:
On 8th July 2014, 14th July 2014, and 8th August 2014, SRC International Sdn Bhd (SRC) had transferred a total of RM170 million to Putra Perdana Construction Sdn Bhd (PPC) in three transactions.
On 14th July 2014 and 8th August 2014, PPC had transferred a total of RM135 million to Putra Perdana Development Sdn Bhd (PPD) in two transactions.
On 14th July 2014, PPD has transferred an amount of RM140 million to DLA PIPER LLP (US) IOLA.
All these transactions are on record, and there is documentary evidence to prove it. So why was this not revealed in court?
On 11th December 2014, Malaysia’s Public Services Pension Fund (KWAP) loaned RM140 million to PPD. PPD then transferred the RM140 million to PPC in two transactions. After that, PPC transferred the RM140 million to SRC. At that time, the balance of the money that was in SRC’s bank account was only about RM4 million.
After receiving the RM140 million from PPC, SRC then transferred RM103 million to Gandingan Mentari (GM) in seven transactions. Another RM20 million was transferred to Ihsan Perdana Sdn Bhd (IPSB).
Gandingan Mentari then transferred the RM103 million it received from from SRC to Ihsan Perdana in six transactions.
On 26th December 2014 and 10th February 2015, Ihsan Perdana transferred RM27 million, RM5 million, and then RM10 million (total RM42 million), to Najib Razak’s bank account (nos. 2112022011880 and 2112022011906) at AmIslamic Bank Bhd.
This was what the court ruled, as reported by The Edge on 28th July 2020:
Najib was slapped with three criminal breach of trust charges for misappropriating RM27 million and RM5 million in December 2014, and another RM10 million in February 2015.
The funds were part of two loans from the Retirement Fund, Inc (KWAP) to SRC worth a total of RM4 billion.
If the facts mentioned above had not been suppressed, it would have made the charges against Najib defective, and there was no way they could have found him guilty. And the fact that this evidence could not be brought into the appeal ensured that the Appeal Court would uphold the guilty verdict against Najib.
The only way this travesty of justice can be ratified would be to declare a mistrial and for a fresh trial to be held. Then all this suppressed evidence can be adduced at the new trial and justice can be served.
Furthermore, the ad hoc prosecutor, V. Sithambaram, and the trial judge, Mohd Nazlan Mohd Ghazali, need to be investigated for fabricating charges against Najib and for suppressing evidence that would have found Najib not guilty.
