NAJIB TRIAL - Day 10: Judge dismisses Najib's application to strike out seven charges

The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 10th day at the Kuala Lumpur High Court today.

Najib is being tried on three counts of criminal breach of trust (CBT) under Section 409 of the Penal Code; three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFAPUAA) 2001; and one count of abuse of power under Section 23 of the MACC Act 2009.

If convicted, the Pekan MP can be sentenced up to 20 years' jail, whipping and fine for the CBT charges; 20 years' jail and a fine not less than five times the amount involved or RM10,000, whichever is higher, for the abuse of power charge; and 15 years' jail and a fine up to RM15 million or five times the amount involved, whichever is higher, for the money laundering charges.

However, the trial, being presided over by judge Mohd Nazlan Mohd Ghazali, is taking a backseat to a ruling by the judge on whether to allow Najib’s application to strike out all of the charges, which is set to be delivered at 9am this morning.

On Friday last week, the same court had heard the application by the defence team to dismiss the charges due to Najib being allegedly misled by purported ambiguous wording of the offence in the charges.

The defence had argued that this had impacted the accused’s ability to understand what are the offences he is being charged with and impede his ability to prepare his defence, among others.

In the event that Nazlan dismisses the application, the trial will kick off today with the defence’ cross-examination of prosecution witness, AmBank Raja Chulan branch manager R Uma Devi.

Last week during examination-in-chief by the prosecution, the 21st witness testified on the purported money trail of millions of ringgit in and out of accounts linked to Najib’s case, over a period from 2013 to 2015, among others.

Her testimony was driven by a trove of documents seized from the bank in a Bank Negara raid on July 6, 2015.

On Thursday during cross-examination, Najib’s defence team grilled the witness over purported mismatched signatures on documents authorising millions of ringgit in transfer between bank accounts linked to Najib’s case, among others.

Attorney-General Tommy Thomas leads the 13-person prosecution team, comprising deputy public prosecutors Sulaiman Abdullah, V Sithambaram, Manoj Kurup, Ishak Mohd Yusoff, Donald Joseph Franklin, Suhaimi Ibrahim, Muhammad Saifuddin Hashim Musaimi, Sulaiman Kho Kheng Fuei, Budiman Lutfi Mohamed, Mohd Ashraf Adrin Kamaril, Muhammad Izzat Fauzan, and Mohd Ashraf Adrin Kamaril.

Najib is represented by a 13-person defence team led by veteran criminal lawyer Muhammad Shafee Abdullah.

Other members of the defence team are former solicitor-general II Mohd Yusof Zainal Abiden, Harvinderjit Singh, Kamarul Hisham Kamaruddin, Chong Loong Men, Devanandan S Subramaniam, Farhan Read, Wan Aizuddin Wan Mohammed, Rahmat Hazlan, Muhammad Farhan Shafee, Tiara Katrina Fuad, Nur Syahirah Hanapiah, and Zahria Eleena Redza.

Judge dismisses Najib's application to strike out seven charges

9.25am: Nazlan dismisses Najib's application to strike out the seven charges of CBT, abuse of position and money laundering.

The judge rules that the accused has not been misled or prejudiced by how the seven charges were framed.

"It has not been shown how the accused in any fashion has been prejudiced by the charges.

"The prosecution has given documents to the defence.

"At this stage, nine days (of trial) has passed with 21 witnesses testified, with extensive cross-examination, with the applications for documents from witnesses that was allowed by this court.

"It is difficult to accept that the defence (accused) was misled by the charges," says Nazlan.

The judge also notes that any defect via omission or error of particulars in the charges are not at any stage to be regarded as material, unless it has been shown the accused had actually been misled.

9.19am: Najib enters the dock as proceedings begin.

Najib takes a seat in public gallery

8.48am: Clad in light grey suit, accused Najib enters court and takes a seat in the public gallery at the front row to await start of proceedings. - Mkini

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