Tommy Thomas fooked up: the charges against Najib are defective
What is more intriguing is if we scrutinise the charge under Section 23 of the MACC Act 2009, it explicitly states that, ‘between 17th August 2011 and 8th February 2012’, Najib had ‘used his position’ in corruptly accepting a total of RM42 million from KWAP. However, from the money trail, it shows that no money was transferred to his account from 2011 to 2012!
NO HOLDS BARRED
Raja Petra Kamarudin
Tommy Thomas fooked up big time. A MOTHER OF A FOOK-UP!
The charges against Najib Tun Razak are defective and Najib’s lawyer(s) can apply to the court to get the charges set aside or dropped (SEE THE COPIES OF THE CHARGES BELOW).
Even a fresh graduate lawyer will be able to get the charges ripped to shreds — and if Najib’s seasoned lawyers cannot achieve this, then they should be shot (figure of speech, of course).
No wonder Tommy Thomas quickly resigned as soon as Tun Dr Mahathir Mohamad got ousted. Tommy Thomas knew he had fabricated the charges against Najib and that if Najib’s lawyers are smart enough they will be able to get the charges declared defective and mala fide.
Let me explain this matter like how I would explain it to a standard one pupil.
You need to read the money trail chart (SEE BELOW) together with the charges laid against Najib (ALSO SEE BELOW).
To recap what we have already written before this — on 11th December 2014, Najib received RM140 million, which came from Fre Commodity Murabahah Term Financing-i (CMTF-i) obtained by Putra Perdana Development Sdn Bhd from Maybank Islamic Berhad.
On 12th December 2014, a transfer was made to Putra Perdana Construction Sdn Bhd. This was subsequently transferred to the now infamous SRC account.
In a nutshell, the prosecution — including attorney-general Tommy Thomas and prosecutor V. Sithambaram dan orang-orang yang sewaktu dengannya — deliberately skipped and suppressed vital material evidence.
In other words, the prosecution had misled the judge, Mohd Nazlan Mohd Ghazali, and what is very grave is that there is a deliberate action to suppress evidence from Najib’s defence team.
The point here is Putra Perdana secured the RM140 million from Maybank Islamic and not from KWAP.
What is more intriguing is if we scrutinise the charge under Section 23 of the MACC Act 2009, it explicitly states that, ‘between 17th August 2011 and 8th February 2012’, Najib had ‘used his position’ in corruptly accepting a total of RM42 million from KWAP. However, from the money trail, it shows that no money was transferred to his account from 2011 to 2012!
Hence the date on the charge is wrong. (Remember what happened in Anwar Ibrahim’s sodomy charge in 1998? Same issue here).
The flawed prosecution case can further be seen when we look at both the charges under Section 409 of the Penal Code and Section 23 of the MACC Act 2009. The Section 409 CBT case states the amount of RM42 million of SRC’s money. However, the Section 23 case states the amount of RM42 million of KWAP’s money.
So, is it RM42 million of SRC’s money or RM42 million of KWAP’s money? Furthermore, the RM42 million has no connection whatsoever with KWAP.
Based on the charges, it seems that in total RM84 million was received (RM42 million from KWAP and another RM42 million from SRC).
This very telling and damaging money trail chart was not revealed by the prosecution during the trial. Hence Najib’s defence team was unaware of this — until now, of course.
The origin of funds was not only misleading, to say the least, but one wonders how Najib can be charged under Section 409 of the Penal Code when he had absolutely no control of the affairs and management of SRC. As we all know, the person who had total control of SRC was Nik Faisal Ariff Kamil, not Najib.
