Tuesday 03 Dec 2024
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KUALA LUMPUR (Oct 24): Imprisoned Datuk Seri Najib Razak didn't want to interfere with investigations over 1Malaysia Development Bhd (1MDB) for fear of being accused of abusing his power, the High Court heard on Thursday in SRC International Sdn Bhd's civil suit against the former prime minister.

The 71-year-old said that 1MDB was being investigated by the authorities, which included Najib himself. Therefore, he didn't want to lodge additional police reports about any misappropriation or alleged wrongdoing at 1MDB, as that would be "superfluous".

"I was very concerned, because, first of all, I knew that 1MDB was under investigation, and of course, by their relationship, also SRC.

"Secondly, I was also being investigated. I knew that, and they came to my office to question me. So, when you are being investigated as well...it wouldn't be appropriate for me to go beyond it (to interfere).

"[If I had done that], then I could be accused of interfering with the investigations, which was at the back of my mind, so I left it," he said.

Najib was answering his lawyer Tan Sri Muhammad Shafee Abdullah's question during his defence in SRC's civil suit against him. SRC is a former subsidiary of 1MDB.

Najib said that if he was seen interfering with the investigations, it would constitute a crime of interference and abuse of power.

It is understood that the police and the Malaysian Anti-Corruption Commission (MACC) were conducting their own investigations over the scandal. Besides that, there was also a multi-agency joint task force which, among others, included the police, MACC, Bank Negara Malaysia, and the Attorney General's Chambers.

The task force was set up in 2015 and led by former attorney general Tan Sri Abdul Gani Patail. Following Gani's removal from that position, the task force was disbanded in July 2015, with Najib still helming the government. 

Najib repeats it's 'humanly impossible' to micromanage as PM

On the stand on Thursday, Najib also testified that the prime minister has overarching powers in national oil company Petroliam Nasional Bhd (Petronas), as accorded by its memorandum and articles of association.

Najib used this as an example to show his judiciousness when he was the prime minister.

"[The Petronas] chairman is not only appointed by the PM, but is a proxy of the PM. When I left office, I left with RM176 billion in cash with Petronas. That showed how careful I was in exercising power as the PM," he said.

Najib also repeated that he believed in the 1MDB's board's professionalism and integrity due to their track record in the corporate circle, so he trusted them.

He said that as the prime minister and finance minister, it was "humanly impossible" for him to micromanage, particularly companies that came under his ministry.

"You just have to trust people, [because] the time [constraints] and the issues or problems you have to deal with on a daily basis are just humongous," he said.

SRC's civil suit against Najib concerns a RM4 billion loan from Retirement Fund Inc (KWAP), which was given to SRC in two tranches in the second half of 2011 and the first half of 2012. The company claims that US$120 million had eventually ended up in Najib’s bank accounts.

This is different from Najib's SRC criminal case, where he is already serving his prison sentence after the apex court dismissed his appeal and review bid. In February, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210 million to six years and a RM50 million fine.

For the civil suit, the parties closed their case on Thursday. High Court judge Datuk Ahmad Fairuz Zainol Abidin has set Oct 29 for case management to set submissions dates.

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Edited ByAniza Damis
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