PUTRAJAYA, Oct 30 — Former prime minister Datuk Seri Najib Razak would still have committed the crime of money laundering, even if he claimed to have used the millions of ringgit in his personal bank account in good faith, the prosecution told the High Court today.
Deputy public prosecutor Datuk Kamal Baharin Omar said that it is irrelevant what Najib’s intentions were when he used the money, as the money in the former prime minister’s account was illicit funds that originally belonged to 1Malaysia Development Berhad (1MDB).
“Good faith use cannot cleanse tainted money,” Kamal Baharin said in the High Court in Najib’s 1MDB trial.
In this trial, Najib is alleged to have received over RM2 billion of 1MDB’s funds in his accounts, but he has claimed that these were donations from Saudi Arabia.
Najib claimed to have acted in good faith and used the money for political and social purposes, but Kamal Baharin said his intentions are irrelevant under Malaysia’s anti-money laundering law.
Kamal Baharin said it was enough for Najib to have known or have reason to believe that the money came from unlawful activities.
Since the money in Najib’s account was proven to be illegal funds, it is immaterial what Najib’s purpose was when he used it, Kamal Baharin argued.
This is because any use of illegal money would be a money laundering offence under Malaysia’s laws, as it would be a transaction involving proceeds of unlawful activity, he said.
In this trial, Najib did not deny issuing five cheques totalling RM22.649 million from his account, but argued this money was not “tainted” and he was using them for political and social welfare purposes.
The prosecution has said that Najib’s Saudi donation claim is a story that is not credible, and has argued that he should be convicted of all four abuses of power charges and 21 money laundering charges against him in this trial.
For the 21 money laundering charges, these are nine charges for receiving US$681 million (RM2.081 billion) — which the prosecution said belonged to 1MDB and were not Saudi donations — in his bank account; five charges for his sending out of US$620 million (RM2.034 billion); five charges for issuing cheques totalling RM22.649 million; and two charges for transferring money to his other bank accounts.
Najib’s 1MDB trial resumes tomorrow, with his lawyers expected to reply to the prosecution’s arguments.
1MDB trial judge Datuk Collin Lawrence Sequerah has reminded Najib’s lawyers that tomorrow is the last scheduled date — which was fixed months ago — for arguments to be presented.
After that, the High Court is expected to fix a date to deliver its decision on whether Najib is guilty or not of the 25 charges against him.
