KUALA LUMPUR: A former deputy public prosecutor (DPP) today said no further action (NFA) was taken in the RM2.6 billion donation to Datuk Seri Najib Razak and SRC International Bhd cases as investigations up to 2016 showed the former prime minister had no knowledge of any wrongdoings.
Tan Sri Dzulkifli Ahmad, who ended his career in the civil service as the Malaysian Anti Corruption Commission (MACC) chief commissioner in 2018, said he was part of a team of DPPs ordered to go through MACC investigation papers on the two cases at that time.
He said former Attorney General (AG) Tan Sri Mohamed Apandi Ali had assigned him to do so and one of the key issues that was looked into was whether Najib had any knowledge of funds from SRC going into his accounts and if he had directed anyone to do so.
He said prior to that MACC had suggested that Najib should be charged under Section 403 of the Penal Code for criminal misappropriation.
However, he said to secure a conviction for the offence, prosecutors needed to prove knowledge of the offence.
Asked by Najib's lawyer Tan Sri Muhammad Shafee Abdullah if MACC addressed the issue of knowledge in their investigations, Dzulkifli said the graft busters merely gave a summary of reasons in the investigation papers submitted to the Attorney General's Chambers (AGC).
Earlier, Dzulkifli said he was also shocked when told of what had been discussed at a top level meeting involving members of the task force which had been set up to investigate the 1Malaysia Development Bhd (1MDB) scandal.
He said Assistant Commissioner (ACP) R Rajagopal who attended the meeting as a representative of former Inspector General of Police (IGP) Tan Sri Khalid Abu Bakar told him that then MACC commissioner Tan Sri Abu Kassim Mohamed had suggested that charges should be preferred against Najib.
He said Rajagopal told him that Abu Kassim had suggested to then AG Tan Sri Gani Patail that he (Gani) was about to retire and would be remembered if Najib was charged.
Rajagopal yesterday testified that the meeting took place on July 4, 2015.
Asked by Shafee why he was shocked, Dzulkifli said this was because investigations in the 1MDB scandal had yet to be completed at that time, with statements from key witnesses including Najib himself yet to be recorded.
Earlier, Dzulkifli testified that he was part of a team which had gone to Jakarta and Riyadh to record statements from key witnesses involved in the 1MDB scandal and RM2.6 billion donation.
Lead prosecutor Datuk V Sithambaram will be cross examining Dzulkifli tomorrow.
Najib, 67, is facing seven counts of power abuse, criminal breach of trust and money laundering in relation to RM42 million of SRC International funds.