KUALA LUMPUR, March 11 ― Tan Sri Dzulkifli Ahmad today denied the Attorney General’s Chambers’ (AGC) instructions for the Malaysian Anti-Corruption Commission (MACC) to further investigate the SRC International Sdn Bhd and RM2.6 billion case were mere ‘theatrics” to cover up for Datuk Seri Najib Razak in 2016.
Testifying as the 17th defence witness in Najib’s RM42 million SRC International Sdn Bhd corruption trial at the High Court, Dzulkifli maintained that the prosecution needed evidence to prove the elements of the recommended charges.
He was earlier referred to a press statement issued by then Attorney General Tan Sri Mohamed Apandi Ali dated January 18, 2016 which stated that both Investigation Papers (IP) were returned to the MACC to obtain further clarification and suggestion over their recommendations.
“To me, this is a false allegation. This is incorrect. Not true,” he said under cross-examination by ad hoc prosecutor Datuk V. Sithambaram on whether the AGC's order to MACC was a “sandiwara” as the prosecution had then already made the decision to not press charges against Najib in 2016.
Sithambaram: The sought clarification from MACC was not an excuse to decide whether there was a case against Najib but to close the case.
Dzulkifli: Not true and the clarification is important to decide whether the case can be proven or not, on the ingredients that were suggested (of the recommended charges).
Sithambaram: The sought explanation was a cover-up, agree?
Dzulkifli: Disagree and an accusation against the prosecution.
Dzulkifli previously revealed in court that then MACC Special Operations Division director Datuk Bahri Mohamad Zin had suggested Najib be prosecuted under Section 403 of Penal Code for the dishonest misappropriation of property.
This took place after Dzulkifli confirmed that both cases were submitted to the AGC for consideration on December 31, 2015.
He earlier said he could not respond to a question related to the nine audio recordings released by MACC that allegedly involved a high-level criminal conspiracy, citing the matter was currently under police investigation.
In one of the tape recordings, Dzulkifli is alleged to have leaked information from the AGC to Najib on the phone related to investigations against 1MDB and SRC International.
He also affirmed in court that at the time the AG decided to classify both cases as requirning “No Further Action” and to not prosecute Najib based on statements recorded as of January 26.
However Dzulkifli said he could not remember the exact date of when the IPs were returned to MACC, after Sithambaram suggested that MACC were only given four days to provide their clarification for such a complicated case.
MACC also proposed charges against SRC chief executive, director
Dzulkifli also told the court the MACC had also recommended criminal charges under Section 409 of Penal Code for alleged criminal breach of trust against SRC International former chief executive Nik Faisal Ariff Kamil and SRC International director Datuk Suboh Md Yassin over the company's fund.
He also said in total there were four individuals recommended for prosecution of which he could not remember the other two names.
MACC did not approach the AGC to ask for an extension to complete probe
To a question from Najib's lawyer Tan Sri Muhammad Shafee Abdullah, Dzulkifli also said the MACC had not approached the AGC to ask for an extension in order to complete their investigations when the IP was submitted on December 31, 2015.
Dzulkifli: I would like to stress that, MACC if they need time, they can ask. They are welcomed to contact the AG to ask for more time.
Muhammad Shafee: Did they do so?
Dzulkifli: No.
He also denied the AG had ask for the IPs to be expedited, saying the MACC themselves had submitted the IPs on December 31, 2015 on their accord.
Later, Najib's 18th defence witness, MACC Strategic Communication Division deputy director Kamarudin Arifin affirmed in court the two press statements issued by MACC dated August 3 and August 5, 2015 respectively.
Kamarudin testified that both press statements were genuine press releases issued by the MACC after obtaining approval from the top management.
In the August 3 statement, MACC confirmed that RM2.6 billion had been deposited into Najib's accounts but said the funds came from “donors” and not 1Malaysia Development Bhd (1MDB) as previously alleged.
In the August 5 statement, MACC confirmed the donors who deposited RM2.6 billion into Najib’s bank accounts are from the Middle East whose identities cannot be disclosed.
Najib is on trial over seven charges related to SRC International.
Three are for criminal breach of trust over a total RM42 million of SRC International funds while entrusted with its control as the prime minister and finance minister then, three more are for laundering the RM42 million, and the last is for abusing the same positions for self-gratification of the same sum.
