KUALA LUMPUR, Sept 30 — The RM2.2 billion which entered former prime minister Datuk Seri Najib Razak’s personal bank accounts cannot be conclusively traced as originally belonging to 1Malaysia Development Berhad (1MDB), his lawyer claimed today in the High Court.
Najib’s lawyer Tania Scivetti today urged the High Court to ignore Bank Negara Malaysia (BNM) analyst Adam Ariff Mohd Roslan’s money trail report, which had linked all the RM2.2 billion sum as being 1MDB’s or 1MDB subsidiaries’ funds.
In his money trail report, Adam Ariff had cited banking documents and information from the investigating officer when concluding that money which went into Najib’s two private AmIslamic Bank accounts could be traced back to money raised by 1MDB and its related companies.
But Scivetti argued that Adam Ariff’s report on the trail of money which entered Najib’s account was allegedly “flawed” and incorrect, claiming that the BNM analyst had failed to get all the relevant documents for a thorough analysis.
“Consequently, Adam cannot definitively conclude that the proceeds raised by 1MDB are traceable to the funds deposited into Datuk Seri Najib’s account,” she claimed this afternoon in the High Court during Najib’s 1MDB trial.
Scivetti then sought to challenge Adam Ariff’s conclusions and money trail analysis on the 1MDB link for all the five entries of money into Najib’s accounts (which led to the four power abuse charges against Najib in the 1MDB trial): RM60.6 million; RM90.899 million; RM2.08 billion; RM4.09 million and RM45.8 million.
Altogether, these five transactions come up to more than RM2.2 billion.
“The defence submits that Adam lacked the necessary documentations and bank statements, and because of this, it undermines the whole analysis.
“Without such documents, he could not form such conclusions which he formed in his chart and his report,” she argued, also suggesting that the BNM analyst’s methodology is doubtful as he had allegedly formed conclusions based on incomplete documentation.
During the trial, Adam Ariff, who is the 47th prosecution witness and who was working in the government’s task force on 1MDB, had said he maintains and stands by his money trail report.
Later this afternoon, Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah presented arguments to attack the credibility of Bank Negara Malaysia’s former governor Tan Sri Zeti Akhtar Aziz as the 46th prosecution witness in the 1MDB trial.
Earlier today, Najib’s lawyer Wan Azwan Aiman Wan Fakhruddin sought to challenge the credibility of several prosecution witnesses in the 1MDB trial, namely 1MDB’s former CEO Datuk Shahrol Azral Ibrahim Halmi, 1MDB’s former CEO Mohd Hazem Abd Rahman, 1MDB’s former chief financial officer Azmi Tahir, and 1MDB’s former general counsel Jasmine Loo.
Wan Azwan Aiman also challenged the credibility of the testimony given by other prosecution witnesses in the 1MDB trial: former 1MDB director Tan Sri Ismee Ismail, former 1MDB chairman Tan Sri Mohd Bakke Salleh, audit firm KPMG’s managing partner Datuk Johan Idris, former second finance minister Datuk Seri Ahmad Husni Mohamad Hanadzlah, and former Finance Ministry deputy secretary-general (policy) Datuk Siti Zauyah Mohd Desa.
Najib, who had been previously hospitalised due to pain in his right knee, was again seen sitting outside of the accused’s dock today, due to his medical condition.
Najib’s 1MDB trial before judge Datuk Collin Lawrence Sequerah resumes tomorrow morning, with Shafee expected to continue presenting arguments in favour of his client.
Today is the ninth day of Najib’s lawyers’ submissions or arguments in court on why he should be acquitted of his four power abuse charges and 21 money laundering charges in the 1MDB trial, and why the High Court should not order him to enter defence.
The prosecution is also expected to present their final arguments this week. The High Court will then subsequently decide whether Najib should be ordered to enter his defence.
