PUTRAJAYA: Lawyers representing Datuk Seri Najib Razak said RM4 billion given to SRC International which was later moved out of the country, was nothing but an act of theft by insiders in the company.
However, they said the former prime minister had nothing to do with it as Najib was not involved in the management of money in the company.
The lawyers contended that the trial judge had been wrong in his assessment of Najib's involvement just because the Pekan member of parliament was adviser emeritus of the company and also the then prime minister and finance minister.
"That was not the case. How do you move the money when my client was not even entrusted with the funds.
"It was an act of theft, a criminal act by individuals and insiders in the company," senior counsel Tan Sri Muhammad Shafee Abdullah said.
Earlier, another of Najib's lawyer, Harvinderjit Singh also touched on the issue of the RM4 billion loan which SRC obtained from the Retirement Fund Inc (KWAP) through two government guarantees.
He said the RM4 billion was moved out of the country immediately after SRC got the money but yet there was no evidence whatsoever to show who directed it to be moved overseas.
"I can only say that it was nothing short of a theft....it was a theft," he said, prompting Court of Appeal Judge Datuk Vazeer Alam Mydin Meera, to interject and ask if any police report on the matter had been lodged.
Vazeer: "You say it was a theft but no police report was lodged?"
Harvinderjit: Correct. Even SRC chairman Tan Sri Ismee Ismail had no knowledge of it...he was shocked. There is nothing to suggest Najib was involved.
Najib is appealing against his sentence and conviction of abuse of power, criminal breach of trust and money laundering involving RM42 million of SRC funds.
He was sentenced to 12 years jail and fined RM210 million after he was found guilty of all seven charges by High Court Judge Mohd Nazlan Mohd Ghazali in July Last year.
The appeal, which continues on Monday, is being heard before judges Datuk Abdul Karim Abdul Jalil, Datuk Has Zanah Mehat and Vazeer.