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Najib Abdul Razak was subjected to selective prosecution in the RM42 million SRC International case, the Court of Appeal heard today.
The former prime minister’s defence counsel Harvinderjit Singh submitted that the prosecution practised selective prosecution in relation to the three charges of criminal breach of trust (CBT) against Najib.
The lawyer contended that this took place when the MACC issued red notices to arrest three others for the CBT offence.
This was in relation to red notices issued to detain former SRC director Suboh Md Yassin, former SRC CEO Nik Faisal Ariff Kamil, and an individual known as Redzuan Adam Shah.
The three were alleged to have left Malaysia after the then Pakatan Harapan administration took over the reins of power in mid-2018.
“Sometime in June or July (2018), red notices were issued against the three for CBT amounting to RM50 million.
"Having taken that position, the prosecution suddenly decided to charge Najib," Harvinderjit contended before the three-member panel.
Court of Appeal judge Abdul Karim Abdul Jalil, who chaired the bench, responded that the public prosecutor has the discretion on whom to be charged.
Previously during the SRC trial, the Kuala Lumpur High Court heard that RM42 million of funds from SRC were transferred through a convoluted process.Defence counsel Harvinderjit Singh
The prosecution then had contended that the monies passed through companies Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd, before it ended up in Najib’s AmBank accounts.
Suboh and Nik Faisal were the authorised signatories of SRC and Gandingan Mentari.
"Najib was not responsible for the CBT but other people (were) as RM50 million was moved out," Harvinderjit contended.
Hearing of the appeal continues and is expected to also proceed on Monday next week.
The other members of the bench are Court of Appeal judges Vazeer Alam Mydin Meera and Has Zanah Mehat.
On July 28 last year, the Kuala Lumpur High Court convicted Najib on one count of abuse of power, three counts of CBT, and three counts of money laundering in relation to the RM42 million of funds from SRC.
Judge Mohd Nazlan Mohd Ghazali had then sentenced Najib to 12 years in jail and a fine of RM210 million.
However, the court allowed Najib's defence team's application to stay the execution of the sentence pending the disposal of his appeal.