KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Tun Razak was “wilfully blind” with regard to his failure to inquire into the origin of the 1Malaysia Development Berhad (1MDB) funds, the High Court ruled today.
Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge) said in light of the enormous sums of funds deposited namely, US$681 million and the sums returned of US$620 million into Najib’s account, it was incumbent upon him to take reasonable steps to ascertain whether or not the property were proceeds from unlawful activity.
“The above instances of conduct as well as the respective acts of receiving, using and transferring the proceeds by the accused were also relevant under Section 8 of the Evidence Act 1950.
“...and therefore admissible to reasonably and justifiably infer knowledge on the part of the accused with respect to all the 21 charges of money laundering,” the judge said in his 41-page summary judgment.
Earlier, Justice Sequerah ordered Najib, 71, to enter his defence on four charges of using his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 money laundering charges involving the same money after finding that the prosecution had established a prima facie case on all 25 charges at the end of the prosecution’s case.
Meanwhile, Justice Sequerah held that there was evidence to show that the sum of US$681 million which originated from the bank account registered under the name of Tanore Finance Corporation, at Falcon Private Bank, Singapore was transferred to the accused’s account 9694.
“There is evidence to show that from the funds derived from illegal activities, the accused did by way of several cheques from account 9694 to make payment to persons and several entities including UMNO.
“There is also evidence that the accused was very much in control and in charge of the accounts at AmIslamic bank, despite appointing a mandate holder such as Nik Faisal Ariff Kamil. According to the accused’s statement, he had the knowledge as to the transactions that took place and the purposes for which it was intended,” the judge said.
The judge said former Bank Negara governor Tan Sri Zeti Akhtar Aziz, who was the 46th prosecution witness (PW46) testified that the accused had asked her to declare that he had not committed any wrongdoing.
“Former Ambank relationship manager Joanna Yu Ging Ping (PW41) testified as to the role played by Jho Low or Low Taek Jho with respect to the accused’s account 9694 in ensuring sufficiency of funds and PW41 also stated the accused had the knowledge over the matter although Nik Faisal was the mandate holder,” he said.
According to the judge, the method of demonstrating that the funds deposited into the account of the accused 9694 totalling US$680 million were from Tanore was explained by Assistant Director of the Anti-Money Laundering Criminal Investigation Division ACP Foo Wei Min (PW48).
“PW48 even explained that this method was used in order to differentiate between clean monies and illegal monies when the funds were commingled as was the case here. Based upon the available evidence, this court finds that the said properties were as a result of the unlawful activity,” he said.
