Continue reading this on our app for a better experience

Open in App
Floating Button
Home Issues 1MDB Watch

Here's why High Court dismissed Najib's bid to strike out SRC charges

Hafiz Yatim & Paw Ai Chin
Hafiz Yatim & Paw Ai Chin • 2 min read
Here's why High Court dismissed Najib's bid to strike out SRC charges
KUALA LUMPUR (Apr 29): Former premier Datuk Seri Najib Razak has failed in his bid to strike out all his seven charges in relation to the misappropriation of SRC International Sdn Bhd's funds of RM42 million ($13.8 million).
Font Resizer
Share to Whatsapp
Share to Facebook
Share to LinkedIn
Scroll to top
Follow us on Facebook and join our Telegram channel for the latest updates.

KUALA LUMPUR (Apr 29): Former premier Datuk Seri Najib Razak has failed in his bid to strike out all his seven charges in relation to the misappropriation of SRC International Sdn Bhd's funds of RM42 million ($13.8 million).

High Court judge Mohd Nazlan Mohd Ghazali on Monday dismissed an application to strike out all the charges raised by the defence.

Justice Nazlan said the three criminal breach of trust (CBT) charges faced by Najib are not defective as an offence of money laundering and CBT charge is found to be valid following a Court of Appeal decision where in a similar case, the accused is charged with money laundering and CBT.

There is no ambiguity on the positions of Najib being prime minister, finance minister and advisor emeritus of SRC, he added.

The judge also said there is no ambiguity in the charge and the prosecution is entitled to frame the change.

"The money laundering, CBT and abuse of power are distinct offences and there is no duplicity.

"The charges also comply with Section 165 of the Criminal Procedure Code. There is no legal impairment in the charges and in the end it is the duty of the prosecution to present the charges and the court would evaluate it," Justice Nazlan stressed.

He further ruled that the money laundering charges are also in order, as although the offence is stated later than the CBT charge, the charge (for money laundering) is stated approximately.

Meanwhile, Justice Nazlan also ruled out double jeopardy argument by the defence.

"Any conviction can be secured if the prosecution proves each of the offences.

"The defence had not shown how the applicant is prejudiced. Nine days of trial had passed and there is cross-examination done by the able defence. It is difficult to comprehend that the accused could have been misled," the judge said.

In view of this, Justice Nazlan said the argument that the charges are flawed is without basis and this application is hereby dismissed.

For this SRC trial, Najib is facing seven charges: one count of abuse of position under Section 23 of the MACC Act 2009, three counts of CBT under Section 409 of the Penal Code, and three charges of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Until last Friday (April 26), 21 prosecution witnesses had testified and were cross-examined by the defence lawyers.

Highlights

Re test Testing QA Spotlight
1000th issue

Re test Testing QA Spotlight

Get the latest news updates in your mailbox
Never miss out on important financial news and get daily updates today
×
The Edge Singapore
Download The Edge Singapore App
Google playApple store play
Keep updated
Follow our social media
© 2024 The Edge Publishing Pte Ltd. All rights reserved.