The High Court found no merit in Najib Razak’s claim that RM2.3 billion was a Saudi political donation, citing a lack of official receipts or records.
PUTRAJAYA: The High Court has dismissed Datuk Seri Najib Tun Razak’s defence that RM2.3 billion linked to the 1MDB case was a political donation from the Saudi royal family.
Former High Court Judge Datuk Collin Lawrence Sequerah found the claim unsustainable as the funds were deposited directly into Najib’s personal accounts.
Justice Sequerah, now a Federal Court judge, delivered this finding while reading his judgment in the case.
He noted that neither the government nor any political party issued any receipts to acknowledge the purported donation.
“There is also no evidence of any formal acknowledgment by the government or any political party to the purported donor, nor by the accused himself,” the judge stated.
He added that the alleged Arab donation letter was addressed to Najib’s private residence rather than to any official or party address.
Justice Sequerah said no official record, minute, or evidence existed to document the alleged donation.
He found no link between the purported donor and any legitimate political activity.
Justice Sequerah found it untenable that a sum of this magnitude could be deposited into a personal account without proper, transparent accounting.
“At the time, the political party headed by the accused was UMNO, Malaysia’s largest political party, with roots dating back to 1946. It is inconceivable that a person in the position of Prime Minister would not maintain proper accounting records for an organised party supposedly receiving such significant sums,” he said.
He further clarified that even if the funds were intended as a political donation, it would not legitimise their receipt or use if the source was illegal.
“The court emphasised that the purpose for which the funds were utilised is critical, regardless of the claimed intent of a donation.
“Finally, even if the funds were meant for a political donation, which, in any event, is found to be without merit, this does not in any way serve to legitimise the use of the funds if they originated from illegal sources, as the purpose for which the funds were utilised would not be relevant.
“In light of this, the accused’s contention that the monies received were meant for political donations is untenable,” the judge held.
At press time, Justice Sequerah was still reading his judgment and indicated that he would take approximately another three hours to complete it.
The court is now adjourned for Friday prayers and will resume at 3 pm.
Najib, 72, faces four charges of using his position to obtain RM2.3 billion in bribes from 1MDB funds through the AmIslamic Bank Berhad branch on Jalan Raja Chulan between Feb 24, 2011, and Dec 19, 2014.
These charges were brought under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, which carries up to 20 years imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
As for the additional 21 counts of money laundering, he is accused of committing the offences at the same bank between March 22, 2013, and Aug 30, 2013.
These charges were framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of five years’ imprisonment, a fine of up to RM5 million, or both, upon conviction.
