KUALA LUMPUR: The prosecution's claim that fugitive businessman Low Taek Jho or Jho Low is a 'mirror image' of Datuk Seri Najib Razak is a malicious theory, the High Court heard today.
Najib's lawyer Wan Azwan Aiman Wan Fakhruddin said this claim is an unprecedented and baseless legal concept, unsupported by either direct or indirect evidence.
He said the criminal act of Low could never be equated or deemed to be the wishes or intents by the former prime minister.
"The must be clear direct or indirect evidence to justice this accusation.
"The mirror-image theory seeks in short to hold the separate acts of two separate individuals as a singular culpability on one individual alone.
"This malefic theory is a stark departure from the time-tested and accepted legal doctrines of common intention, criminal conspiracy, or abetment which entail the proving of a joint intention between individuals to commit a common crime.
"Najib has never been charged in this case having a common intention with Low (a person at large) for these offences.
"This is an act of malice by the prosecution," he said in his submission, arguing why the court should acquit Najib of the power abuse charge related to the sovereign wealth fund.
He said there was no surprise that this trial is fought with numerous assumptions, hearsay statements, flawed reasoning, and other inadmissible evidence with the sole purpose of ascribing culpability to Najib while protecting the prosecution witnesses of any wrongdoing.
"As with other crucial allegations against Najib forming the backbone of the charges against him, the Malaysian Anti-Corruption Commission investigators deliberately omitted to seek Najib's clarification," he added.
Najib, 71, is facing four charges of using his position to obtain bribes totalling RM2.3 billion from 1MDB funds and 21 charges of money laundering involving the same amount.
For the 21 charges of money laundering, the former Pekan member of parliament is accused of committing the offences between March 22, 2013, and Aug 30, 2013.