“Again, I find this hard to fathom when the source of the funding was the pensions fund and the sum involved was extremely large by any measure. The Kuala Lumpur High Court Judge, Mohd Nazlan Mohd Ghazali, also listed down 10 problems with the four so-called Arab letters, stating that they were "elaborate but with weak fabrication". “And the accused also disagreed with the assertion that the RM4 billion had since disappeared and lost, insisting that that fact has not been established. "It has been earlier established by evidence that the accused has personal and private interests in SRC, a finding that remains unrebutted by the defence," he added while offering a further explanation about why it doesn't matter whether or not Najib was singularly responsible for the setting up of SRC. A convicted Najib during a news conference outside Kuala Lumpur High Court on 28 July. While Nazlan's entire written verdict has yet to be released, this SAYS writer got his hands on a 55-page-long extract of the judgment. However, the most unexpected remark was when Mohd Nazlan said “all roads lead to Rome and in this case it leads to … Would this be a form of foreign aid in terms of the grant, if not a loan, or was it intended to be donated on a personal basis? This was neither solicited nor explained.8. "A check by SAYS found that Dr Siti Hasmah does not, in fact, have any siblings named Ghazali Ali.Ramesh Rao has since been fallen into Bukit Aman's radar, with its Criminal Investigation Department investigating him under the Sedition Act 1948 and the Communications and Multimedia Act 1998. That's the result of the decision made by the accused and when there is a conflict of interest, then the offence in this context is complete," he said, according to the transcript of the judgement. He said he doubted that the accused could be deemed as an officer in SRC and the representative of the government and also found that in any event, the complete answer to the defence’s submission on the issue was that Section 23(4) could not apply in this case because it has not been shown that the actions taken by the accused which led to the decision by the government to grant the two government guarantees was done in the interest or the advantage of the government. Justice Mohd Nazlan said the approvals by the Cabinet benefited SRC, which was controlled by the accused himself. No wonder the judge is so arrogant and rude! The stupendously large amount of money disclosed in the first letter which incredibly did not trigger Najib to make any inquiries to satisfy himself as to the legality of the source nor was he alarmed when the amount became staggeringly higher in the second and the third letter.4. “First, there is no evidence that shows that the accused was even concerned with the use of the funds loaned to SRC by KWAP, both in terms of the fact that the monies were sourced from the country’s retirement pension fund, hence part of the public funds, as well as whether the pursuit of promoting the national energy strategic initiatives was anywhere closer to be met. “The interest of the accused in SRC in the context of Section 23(1) is not his control of SRC without more. The judge said the accused claimed that he did ask and was told that the monies had been set aside for immediate investment requirements, but did not inquire whether the loan remained in cash. While Najib claimed that the funds came from the King, he did not acknowledge the alleged donations or even thanked the Saudi Monarch for the same despite having actually written two letters to the King.6. “Furthermore, the accused could not provide a clear answer to the question whether he was satisfied with the progress of SRC after the first drawdown of the RM2 billion before agreeing to support the second RM2 billion loan. Which would raise a host of other questions including that of national security," the judge said.Nazlan pointed out that while Najib could have easily instructed any of his dozens of government officials who accompanied him at the audience with the late King Abdullah in Riyadh to verify the details, he as a prime minister simply chose to be content with the simple notification by Jho Low. By Sadho Ram Those were among the words High Court judge Mohd Nazlan Mohd Ghazali used to describe Datuk Seri Najib Razak’s defence earlier today before convicting the former prime minister on all seven charges of misappropriating RM42 million from SRC International Sdn Bhd. Get highlights of hottest news and must-share stories every day. Straight Citizen: Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali is truly a brave Malaysian who isn't persuaded to bend to the powers-that-be. You are now subscribed to the SAYS newsletter! Owned by REV Media Group, a part of Media Prima Group, the first former Malaysian prime minister to be convicted, Najib has been sentenced to 12 years in jail and fined RM210 million, Who Is The Judge That Sentenced Najib To 12 Years Of Prison? Not with the King directly, nor with any of the government officials who could have easily checked to verify the information for the Prime Minister," Judge Nazlan said.According to the judgement, there was also "no evidence if the intended donation would be accompanied by any conditions of use, either. "As such, regardless of Jho Low's influence within segments of the Arab royalty, and the accused's own confidence in him based on what he had accomplished, I find that the failure of the accused to ensure official confirmation of the intended donations from King Abdullah shows that his belief that the donations would be gifted by King Abdullah to have been most improbable," said the judge. While all four letters stated that it was for Najib to decide how to utilise the funds at his discretion, the considerable part of this spending was channelled to political organisations and parties under Barisan Nasional that ruled at the time. Subscribe now! “The cross-examination of the accused revealed in clear fashion a number of conclusions that do little to bolster his defence. Judge Nazlan ruled that there is no requirement for the prosecution to prove whether the RM42 million that was found in Najib's private bank account was part of the RM4 billion financing loan from Retirement Fund Incorporated (KWAP) that was granted to SRC in two separate applications. Judge Nazlan has since become a victim of rumours by Najib's supporters in an attempt to question his credibility by linking the 51-year-old to former prime minister Dr Mahathir Mohamad. Meanwhile, Judge Nazlan is also overseeing the corruption cases of other politicians, namely Tengku Adnan and Zahid Hamidi: In contrary to recent rumours and speculation, Justice Mohd Nazlan Mohd Ghazali is not related to Tun Dr Mahathir Moh... Datuk Seri Najib Razak has not spent a night in prison yet. The proof required is that the fund in question was the property of SRC, how the funds came about to be part of the property of SRC is irrelevant. Several netizens alleged that Nazlan was the son of a man named Ghazali Ali, the brother of Dr Siti Hasmah, who is the wife of Dr Mahathir, who served as the 4th and 7th Prime Minister of Malaysia.This included Pertubuhan Minda dan Sosial Prihatin Malaysia president Ramesh Rao who wrote, "The judge for the 'bossku' trial is actually a relative of Tun Mahathir. As such, it cannot be said that Najib did not benefit politically.10. In it, we found several key issues raised by the no-nonsense judge and decided to simplify a few of them in this story for our readers. According to Judge Nazlan, it is absolutely clear that the idea or proposal to set up SRC did not originate from some government agencies or ministry despite the matter being in the 10th Malaysia Plan. The accused headed the government and also had a private interest in SRC which he controlled,” he said. “The accused’s lack of action to recover the funds stated to be frozen by the Swiss authorities for alleged money laundering is therefore very puzzling and is instead much more consistent with the conduct of one who did not want the problem resolved given his own complicity in the unlawful transfer of the funds in the first place, as evidenced in the shareholder minutes of MOF Inc. notwithstanding his claim that these minutes were not genuine,” he said. In 2012, Najib actually returned a large amount on the pretext that this was the surplus and in order to avoid political issues with him holding a large amount of money. He said there was no necessity for there to be any arrangement between the accused and any other party for gratification to be received to prove the presence of criminal intention. According to Judge Nazlan, the issue is not whether the so-called Arab letters and their content are genuine but it is whether Najib was justified in having relied on them for his belief that the foreign remittances that arrived in rows in his personal accounts came from the late King Abdullah. He will forever be … SAYS is Malaysia's social news company. That is merely the premise of the interest,” said the judge, who sentenced Najib to 12 years’ jail and a RM210 million fine after he was found guilty of all seven charges related to the misappropriation of RM42 million of SRC funds. The judge further said he had analysed the national interest contention and the relevance of Section 23(4) at the end of the prosecution case. "There are many problems with these letters," he said, adding that he will "list only ten such problems".1.

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