KUALA LUMPUR: The prosecution in Datuk Seri Najib Tun Razak's trial for the alleged misappropriation of RM2.3bil in 1Malaysia Development Bhd (1MDB) funds contended that its key witnesses, despite facing scrutiny from the defence, were credible due to their consistent narrative of the former prime minister's conduct regarding the sovereign wealth fund.
Deputy Public Prosecutor (DPP) Ahmad Akram Gharib said that multiple witnesses testified affirming they acted under the belief that their instructions came directly from Najib.
"The defence submitted that the credibility of most of our witnesses cannot be believed because they were either corrupt, they have an axe to grind, or they are trying to save their skin.
"Can we blame them if they believe they were acting on the behest of the accused?
"They may receive their commands from others like fugitive businessman Low Taek Jho and Datuk Seri Najib's principal private secretary, the late Datuk Azlin Alias. They believed that the instructions were genuinely from the then PM," said Ahmad Akram when making his submission at the end of the prosecution’s case before Justice Datuk Collin Lawrence Sequerah.
Ahmad Akram further submitted the defence had also argued that the 9th prosecution witness, Datuk Shahrol Azral Ibrahim Halmi conspired with Jho Low to carry out the 1MDB scheme.
"I'd like to reiterate that would Shahrol Azral do all these acts without the backing of a very powerful person? Would he dare to do that if he is not backed by the most powerful person, a heavyweight?
"Shahrol Azral even went against the 1MDB board of directors (BOD) in making decisions but he knew at the end of the day Datuk Seri Najib would say it’s okay...nobody was investigated, they were all 'cleared'," said Ahmad Akram.
Meanwhile, Ahmad Akram said despite not holding any official position in 1MDB, Jho Low had a significant presence in influencing the orchestration of 1MDB's operations and was seen to be a mirror image of Najib.
"Jho Low was everywhere, even during Najib's family yacht vacation in Greece and France in 2009, 2010 and 2013. This is why the 1MDB board of directors and management listened to his directions.
"Jho Low is not a fictitious character. He has been identified by witnesses through photographs. He is a real person and he is everywhere in this case, from beginning to end. He was involved in a lot of things and transactions in 1MDB," said Ahmad Akram.
The DPP further submitted there was one occasion where Najib turned a blind eye and deaf ear when the 43rd prosecution witness, The Edge Media Group Chairman Tan Sri Tong Kooi Ong raised his concerns about 1MDB.
"He went to the accused’s house in Langgak Duta to seek clarification regarding the problems arising regarding the affairs of 1MDB. He further told him during this meeting that Jho Low should be held accountable for the diversion of US$700mil to Good Star Ltd and should face prosecution but as a response, the accused went to the door and opened it for him to leave," he said.
On the 21 money laundering charges, fellow DPP Kamal Bahrin Omar submitted that Najib engaged in money laundering by receiving, transferring, and using proceeds from an unlawful activity as testified by the prosecution witnesses.
The prosecution has concluded its submissions and the defence will reply to the submission on Thu, marking the end of a prosecution case that has stretched over six years.
Justice Sequerah then will set a date to deliver his decision on whether Najib must enter his defence or will be acquitted.
Najib, 71, faces four charges of abusing his position to obtain RM2.3 billion from 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014.
He also faces 21 money laundering charges involving the same amount at the same bank between March 22, 2013 and Aug 30, 2013.
Najib is charged under Section 23(1) of the MACC Act 2009 and Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act. - Bernama
