The former prime minister made the admission under cross-examination by SRC International’s counsel, Kwan Will Sen, in a civil suit brought by the company and its subsidiary, Gandingan Mentari Sdn Bhd, to recover the sum allegedly misappropriated from company funds.
Kwan: At this very moment, do you still maintain that the RM42 million is from the Saudi donation?
Najib: At that particular time, I thought it was a Saudi donation.
Kwan: The truth in your mind – if I can use those words – at this moment, is that the RM42 million has nothing to do with the Saudi donation?
Najib: Based on subsequent knowledge, yes.
Kwan: So, you agree with my statement?
Najib: Yes.
Earlier, Kwan pressed Najib to acknowledge that his “Saudi donation” defence had been comprehensively rejected by the courts in the criminal proceedings brought against him.
Kwan: This particular defence of the Saudi donation was dismissed by all levels of the courts (in the SRC International corruption case). Is that a correct statement?
Najib: Yes, but I have to clarify because I didn’t have the opportunity to do a full explanation at the Federal Court. That’s why in the review, one of the judges – a senior judge – agreed with our position. During the review, he concluded I didn’t get a fair trial.
Kwan: All said and done, the majority finding upheld the conclusion (that the funds were not a Saudi donation). That is correct, isn’t it?
Najib: Yes. Unfortunately, yes.
Kwan further pointed out that the High Court in Najib’s 1MDB criminal trial had ruled that there was no documentary evidence to support his “Saudi donation” defence.
Kwan: In the 1MDB trial at the High Court – and I know you have appealed against that decision – Justice Collin (Lawrence Sequerah) also made the same finding, didn’t he?
Najib: Yes.
Najib, 72, has been jailed since Aug 23, 2022, following his conviction for misappropriating RM42 million in SRC funds. He was sentenced to 12 years’ jail and fined RM210 million.
On Jan 29, 2024, the Federal Territories Pardons Board halved his jail term to six years, and reduced his fine to RM50 million.
On Dec 26 last year, Sequerah sentenced Najib to 15 years in prison and fined him RM11.387 billion following his conviction in his 1MDB case, with the prison term to follow immediately after he completes his current jail term.
Najib was represented by Farhan Shafee.
The hearing before Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan continues tomorrow.