Prosecution concludes submissions in Najib’s 1MDB trial, asserting he was architect of crimes, not victim, with funds traced to his accounts
PUTRAJAYA: The prosecution in Datuk Seri Najib Tun Razak’s trial has asserted the former prime minister was the principal architect of crimes involving 1Malaysia Development Berhad funds rather than a victim.
Deputy public prosecutor Datuk Ahmad Akram Gharib submitted that evidence revealed Najib systematically used others to execute his bidding while now seeking to evade legal consequences.
“The accused was not the victim; he was the orchestrator,” he told the High Court during oral submissions in the case where Najib faces charges of misappropriating RM2.3 billion from 1MDB.
Ahmad Akram emphasised that Najib wielded absolute executive, financial and political control as Malaysia’s most powerful decision-maker during the material period.
He stated that 1MDB’s board, management and officers operated under Najib’s direction, making it impossible for him to shift blame to subordinates.
The prosecutor further contended that every individual the accused blamed was acting either on his direct instructions or with his explicit approval.
He highlighted that subordinates were bound to follow directives issued by the Prime Minister, transmitted either personally or through intermediary Low Taek Jho.
“The evidence demonstrates that the accused was not an uninvolved superior but the originator, director, and ultimate beneficiary of the schemes in question,” Ahmad Akram added.
He stressed that no 1MDB project or venture could proceed without Najib’s prior approval, with every major corporate document bearing his signature or endorsement.
Banking evidence from AmBank and Bank Negara Malaysia analyst Adam Ariff Mohd Roslan clearly traced large sums into Najib’s personal accounts, according to the prosecution.
These funds originated from companies controlled by fugitive businessman Jho Low rather than the Saudi Royal family as claimed by the defence.
The prosecution asserted Najib personally used and directed expenditure of these funds for his personal and political purposes.
Deputy public prosecutor Mohamad Mustafa P Kunyalam described the 1MDB case as bizarre, noting proper corporate management would have prevented the fund flows.
He emphasised the mismanagement was deliberate rather than accidental, with Najib entrenching Jho Low in both personal and official dealings.
“The only reasonable inference is that Jho Low functioned as the accused’s conduit, proxy and indispensable facilitator in 1MDB affairs,” Mohamad Mustafa submitted.
He noted no action was taken against Jho Low from 2009 until 2018 when Najib lost power, while then Attorney-General Tan Sri Abdul Gani Patail was removed in 2015.
Deputy public prosecutor Datuk Kamal Baharin Omar addressed the 21 money laundering charges, arguing Najib demonstrated “wilful blindness” through his reliance on Jho Low and unverified Saudi donation letters.
He contended the massive inflows into Najib’s personal account demanded scrutiny that the accused deliberately avoided.
“The scale, offshore layering and lack of credible donation evidence prove conscious avoidance, which in law amounts to knowledge,” Kamal Baharin submitted.
He stated that by deliberately shutting his eyes, Najib satisfied the test of ‘reason to believe’ under anti-money laundering laws.
The prosecutor emphasised that intent becomes irrelevant when an accused knows or has reason to believe funds represent proceeds of unlawful activity.
Deputy public prosecutor Deepa Nair Thevaharan argued the defence failed to produce evidence establishing the authenticity of purported Arab donation letters.
“The only material before the court is oral testimony, speculative in nature, premised on the accused’s own assumption,” she told the court.
She noted defence witnesses called to attest to the letter’s authenticity also failed to produce documentary proof substantiating their claims.
The prosecution concluded its oral submissions today after presenting arguments across multiple sessions.
Najib’s defence team is scheduled to complete its replies tomorrow before Judge Datuk Collin Lawrence Sequerah.
The defence had concluded its case on May 6 after calling 26 witnesses, with the court allocating nine days from October 21 for oral submissions.
Najib faces 25 charges including four counts of abusing his position to accept RM2.3 billion in bribes from 1MDB funds and 21 money laundering charges involving the same amount.
The former prime minister is currently serving his sentence in Kajang Prison for misappropriating RM42 million from SRC International Sdn Bhd. – Bernama
