KUALA LUMPUR: The High Court here yesterday was told that the criminal breach of trust (CBT) charges faced by former prime minister Datuk Seri Najib Tun Razak was completed when the money of RM42 million was misappropriated from SRC International Sdn Bhd.
Ad-hoc prosecutor Datuk V. Sithambaram submitted that in a CBT case the offences are complete when there was a dishonest misappropriation in relation to the RM42 million.
“We are saying that the money was misappropriated from SRC International Sdn Bhd. So, the offences are complete…the question of the receipt of money does not arise. It is immaterial that no-one suffers any loss,” he said in his submission at the end of the prosecution case before High Court Judge Mohd Nazlan Mohd Ghazali yesterday.
Sithambaram explained that the CBT and money laundering cases were two different charges which require the different elements to prove it, and they (prosecution) did not make the charges bad.
“Wrongful loss or wrongful gain is not an ingredient to be proved in CBT and the issues relating to the receipt which was raised by the defence is not an ingredient to be proved in CBT.
“The receipt is an ingredient of the offence of Anti Money Laundering Act (AMLA). Whether it is the same RM42 million in CBT cases is not a consideration as they are of different ingredients,” he said.
Replying to the defence’s submissions relating to the authenticity and admissibility of documents tendered by the prosecution as evidence, Sithambaram said Section 71 of AMLA provides the public prosecutor or the authority to obtain any documents or photocopies of documents under the act.
“The law permits them to be admissible,” he said adding that the Parliament which passed the laws made the distinction quite clear as to how the evidence is treated in these acts under which Najib is charged with.
Najib, 66, is facing three counts of criminal breach of trust, one count of abusing his position and three counts of money laundering involving SRC International Sdn Bhd funds amounting to RM42 million. — Bernama