KUALA LUMPUR (May 29): The defence team representing former prime minister Datuk Seri Najib Tun Razak in the SRC International Sdn Bhd case will be making their oral submissions first when the case resumes on Monday.

High Court Judge Mohd Nazlan Mohd Ghazali had previously set three days, from June 1 to 3, to hear the oral submissions by both parties at the end of the defence case.

“Yes, (I will submit first) and ending up with us again,” lawyer Tan Sri Muhammad Shafee Abdullah, who leads the defence team, told Bernama when contacted today.

Appointed prosecutor Datuk V Sithambaram also told Bernama that he will be making the submissions for the prosecution to rebut the defence’s case.

So, the proceedings on Monday will see the prosecution’s reply to the defence’s submissions and end up with the defence’s reply to the prosecution’s argument.

On May 5, deputy public prosecutor Muhammad Izzat Fauzan told Bernama that the defence had submitted a total of 643 pages of written submissions while the prosecution, 306, to the High Court and both parties have to reply to the submissions.

He also said the prosecution had replied 336 pages of submissions to the defence's written submissions while the defence replied with 446 pages.

On March 11, the defence closed its case after calling 19 witnesses during the defence trial that ran for 33 days since Dec 3 last year.

The trial had begun on April 3 last year with the prosecution calling 57 witnesses to the stand.

On Nov 11 last year, Najib was ordered to enter his defence on seven charges of misappropriating RM42 million in SRC funds, comprising three counts of criminal breach of trust (CBT), three counts of money laundering and one count of abuse of position in relation to the SRC funds.

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, 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 Bhd, Ambank Group Building, No 55, Jalan Raja Chulan here, between Dec 24, 2014, and Dec 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 an imprisonment for up to 20 years, with whipping and liable to 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 Aug 17, 2011, and Feb 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 is 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 accounts,  bearing the numbers 2112022011880 and 2112022011906.

The offences were allegedly committed at AmIslamic Bank, AmBank Group Building, No. 55, Jalan Raja Chulan here, between Dec 26, 2014, and Feb 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 and if convicted, the ex-premier faces up to 15 years imprisonment 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.