Attorney-General
Tommy Thomas and the prosecution team arrive at the Jalan Duta Court
Complex in Kuala Lumpur on April 3, 2019. — Bernama
May it please Your Lordship,
It
is my duty and privilege to open the first trial in our courts against a
former Prime Minister, who for nearly a decade, occupied the most
powerful office in the land and wielded near absolute power, which
carries with it enormous responsibility, which my office intends to
discharge in order to establish that the Accused is guilty of the seven
(7) charges that he is facing before Your Lordship.
The
Accused during his entire period in office as Prime Minister, at which
time these offences were committed, simultaneously held the office of
Minister of Finance, thereby combining maximum political power and
control of the nation’s purse. In holding the office of the Prime
Minister, and thus the nation’s highest elected public officer and Head
of Government, the highest trust was reposed by our people in the
Accused. In such circumstances, the law demands the highest standards of
care in the discharge by the Accused of his duties and obligations as
trustee of public offices.
Not being
satisfied with the holding of the twin positions of Prime Minister and
Minister of Finance, the Accused was also appointed the Chairman of the
Board of Advisors of 1Malaysia Development Berhad (“1MDB”) and Advisor
Emeritus in its fully owned subsidiary, SRC International Sdn. Bhd.
(“SRC International”). A common feature of both companies was that the
true power in directing and managing their affairs did not lie with the
Board of Directors, as is required by law and is the universal practice
wherever companies carry on business, but in the person of the Accused
by virtue of his holding these two positions.
The
operation of Article 8(1) of the Federal Constitution that “all persons
are equal before the law” is amply demonstrated by this trial. A former
Prime Minister is charged under due process in the ordinary court of
the land, like any other Accused. The Accused is not above the law and
his prosecution and this trial should serve as precedents for all future
holders of this august office.
My Lord,
This
trial is the first of many kleptocracy-1MDB-linked prosecutions. As
required under Section 179 of the Criminal Procedure Code, I will state
briefly the nature of the offences charged and the evidence by which the
Prosecution proposes to prove the guilt of the Accused.
In the instant prosecution, the Accused is charged for the following offences –
1. One (1) charge under Section 23 of the MACC Act 2009 for abuse of position;
2. Three (3) charges under Section 409 of the Penal Code for criminal breach of trust;
3.
Three (3) charges under Section 4(1)(b) of the Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
for money laundering; and
To prove
the prosecution case beyond a reasonable doubt, the Prosecution will be
relying on direct and circumstantial evidence, both oral and
documentary, to prove that the Accused, on the dates, times and manner
as contained in the charges, is guilty of each of the charges against
him.
One (1) charge under Section 23 of the MACC Act 2009 for abuse of position
For
the charge under Section 23 of the MACC Act 2009, evidence will
establish that the Accused at all material times, as an officer of a
public body, to wit, as Prime Minister and Minister of Finance, used his
office and/or position to obtain for himself a gratification of RM42
million. Evidence will abundantly establish that the Accused was
directly involved in the decision on behalf of the government of
Malaysia to give government guarantees for the loans amounting to RM4
billion received by SRC International Sdn Bhd from Kumpulan Wang
Persaraan (Diperbadankan) (“KWAP”).
In
proving the ingredients of Section 23 of the MACC Act 2009, evidence –
oral, documentary and/or circumstantial, will be led by the prosecution
to establish the following –
> Proposed establishment of SRC International Sdn Bhd;
> Proposed setting-up grant of RM3 billion;
> SRC International’s request for a government loan for RM3.95 billion;
>
The appointment of SRC International’s Board of Directors, and the
appointment of one Nik Faisal Ariff Kamil as CEO of SRC International;
>
Matters that led to the approval of the Government of Malaysia through
the Ministry of Finance for the issuance of a RM2 billion government
guarantee in favour of SRC International;
>
Matters that led to the approval of the Government of Malaysia through
the Ministry of Finance for the issuance of a further RM2 billion
government guarantee in favour of SRC International;
>
Monies totalling RM42 million, sourced from SRC International, were
channelled through the company accounts of Gandingan Mentari Sdn Bhd (a
wholly-owned subsidiary of SRC International Sdn Bhd) and Ihsan Perdana
Sdn Bhd (purportedly appointed as SRC International’s corporate social
responsibility partner);
> The
Accused, between 17 August 2011 and 8 February 2012, as a result of the
aforesaid, had received as gratification the said monies totalling RM42
million into his AmPrivate Banking-1MY no. 211-202-201188-0 and
AmPrivate Banking-MY no. 211-202-201190-6 bank accounts.
Three (3) charges under Section 409 of the Penal Code for criminal breach of trust
For
the charges under Section 409 of the Penal Code, evidence will
establish that the Accused at all material times, as agent, to wit, as
Prime Minister and Minister of Finance, and Advisor Emeritus of SRC
International, whilst entrusted with monies belonging to SRC
International, committed criminal breach of trust in respect of the RM27
million, RM5 million and RM10 million belonging to SRC International.
In
proving the ingredients of Section 409 of the Penal Code for criminal
breach of trust, evidence – oral, documentary and/or circumstantial,
will be led by the prosecution to establish the following –
>
A Special Resolution was passed to amend SRC International’s Articles
of Association to appoint the Accused as Advisor Emeritus. As Advisor
Emeritus the Accused shall advise the Company’s Board on material
matters and matters of strategic interest to Malaysia, and that the
Board shall give due consideration to and implement any advice of the
Advisor Emeritus in the best interest of the Company;
>
That the Accused had dishonestly caused himself to wrongfully gain RM42
million and/or caused SRC International to wrongfully lose RM42
million;
> That between 24 and 29
December 2014, a sum of RM27 million belonging to SRC International was
remitted to the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0
account through the company accounts of Gandingan Mentari Sdn Bhd and
Ihsan Perdana Sdn Bhd;
> That
between 24 and 29 December 2014, a sum of RM5 million belonging to SRC
International was remitted to the Accused’s AmPrivate Banking-MY no.
211-202-201190-6 account through the company accounts of Gandingan
Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd; and
>
That between 10 February and 2 March 2015, a sum of RM10 million
belonging to SRC International was remitted to the Accused’s AmPrivate
Banking-1MY no. 211-202-201188-0 account through the company accounts of
Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.
Three
(3) charges under Section 4(1)(b) of the Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
for money laundering
For the
charges under Section 4(1)(b) of the Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
for money laundering, evidence – oral, documentary and/or
circumstantial, will be led by the prosecution to establish the
following –
> That the Accused on
or about 26 December 2014 engaged in money laundering to wit by
receiving RM27 million, being the proceeds of an unlawful activity, in
the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account;
>
That the Accused on or about 29 December 2014 via a Real Time
Electronic Transfer of Funds and Securities (“RENTAS”) instruction,
remitted RM27 million, being the proceeds of an unlawful activity, from
the Accused’s AmPrivate Banking-1MY no. 211-202-201188-0 account to the
company account of Permai Binraya Sdn Bhd;
>
That the Accused on or about 26 December 2014 engaged in money
laundering to wit by receiving RM5 million, being the proceeds of an
unlawful activity, in the Accused’s AmPrivate Banking-MY no.
211-202-201190-6 account;
> That
the Accused on or about 29 December 2014 via a Real Time Electronic
Transfer of Funds and Securities (“RENTAS”) instruction, remitted RM5
million, being the proceeds of an unlawful activity, from the Accused’s
AmPrivate Banking-MY no. 211-202-201190-6 account to the company account
of Putra Perdana Construction Sdn Bhd;
>
That the Accused on or about 10 February 2015 engaged in money
laundering to wit by receiving RM10 million, being the proceeds of an
unlawful activity, in the Accused’s AmPrivate Banking-1MY no.
211-202-201188-0 account;
> That
the Accused on or about 10 February 2015 remitted RM10 million, being
the proceeds of an unlawful activity, from the Accused’s AmPrivate
Banking-1MY no. 211-202-201188-0 account to the Accused’s AmPrivate
Banking-MY no. 211-202-201190-6 account;
>
That the Accused had issued a total of 15 personal cheques from his
AmPrivate Banking-MY no. 211-202-201190-6 account totalling an
approximate sum of RM10,776,514.00;
>
Evidence will also establish that in December 2014, the Accused’s
credit card was charged US$130,625 for expenses made at Chanel, an
exclusive fashion store in Honolulu; and
>
Evidence will establish that the personal cheques were issued for,
among others, payment for renovation works carried out at the Accused’s
residence at No.11 Jalan Langgak Duta, Kuala Lumpur, the Accused’s
residence in Pekan, Pahang and cheques issued to various Barisan
Nasional component political parties.
My Lord,
The
burden is now on the Prosecution to prove, beyond a reasonable doubt,
that the Accused, Mohd. Najib bin Hj Abd Razak is guilty of the criminal
charges preferred against him at this trial.
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