PUTRAJAYA, Dec 8 — The Court of Appeal will deliver its verdict today on Datuk Seri Najib Tun Razak’s appeal over his 12 years’ jail sentence and a fine of RM210 million for misappropriating RM42 million in SRC International Sdn Bhd funds.
The decision is scheduled to be delivered via online at 9 am, due to the fact that the former prime minister and his defence counsels were casual contacts to Tan Sri Muhammad Shafee Abdullah’s son, Muhammad Farhan, who was tested positive for Covid-19.
It was understood that the prosecution team led by deputy public prosecutor Datuk V.Sithambaram would be present in an open court proceedings.
A total of 42 journalists from local and foreign media, have been given passes to follow the proceedings via a video link at a conference hall and 47 photographers and videographers would be at the lobby of the Palace of Justice for coverage.
Najib, 68, filed an appeal against the Kuala Lumpur High Court’s decision on July 28 last year, which sentenced him to 10 years jail on each of three criminal breach of trust (CBT) cases and each of the three cases of money laundering and 12 years jail and fined RM210 million, in default five years jail, in the case of abuse of position, involving SRC International funds totalling RM42 million.
However, Najib will only serve 12 years in jail as High Court Judge Mohd Nazlan Mohd Ghazali ordered all the jail sentences to run concurrently.
The court allowed the Pekan MP’s application for a stay of execution of the jail sentence and fine pending his appeal.
With regard to the CBT charges, Najib, as a public servant and agent, namely Prime Minister and Finance Minister of Malaysia, and Advisor Emeritus of SRC International Sdn Bhd (SRC), allegedly misappropriated RM27 million and RM5 million respectively of RM4 billion belonging to SRC.
He was charged with committing the two offences at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan in Kuala Lumpur between December 24, 2014, and December 29, 2014.
On the third count, Najib allegedly misappropriated another RM10 million of RM4 billion belonging to SRC at the same place between Feb 10, 2015, and March 2, 2015.
The three charges are framed under Section 409 of the Penal Code which provides imprisonment for up to 20 years, with whipping and liable to a fine upon conviction.
On the charge of abusing his position, Najib as Prime Minister and Minister of Finance of Malaysia, was alleged to have used his position to commit bribery involving RM42 million through his participation or involvement in the decision to provide government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4 billion.
He was alleged to have committed the offence at the Prime Minister’s Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between August 17, 2011, and February 8, 2012.
The charge, under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act, provides an imprisonment for up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.
On the three money-laundering charges, Najib was alleged to have received RM27 million, RM5 million and RM10 million, respectively, of proceeds from unlawful activities, via Real-Time Electronic Transfer of Funds and Securities (Rentas) into his two AmIslamic Bank Berhad accounts.
The offences were allegedly committed at AmIslamic Bank Berhad, AmBank Group Building, between December 26, 2014, and February 10, 2015.
The charges were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001 which carries a maximum jail of 15 years and a fine of up to five times the sum or value of the illicit proceeds or RM5 million, whichever is higher, on each count, if convicted.
— Bernama
