On the matter of the RM 2.6 billion donation: If Appandi & BBC's Frank Gardner are right,Najib may be guilty of breach of trust, and being an accomplice to a theft



by Ganesh Sahathevan


When Malaysia's Attorney General The Very Learned Appandi declared PM Najib not guilty of gratification with regards that RM 2.6 billion donation he said :

Evidence obtained from the investigation does not show that the donation was given as an inducement or reward for doing or forbearing to do anything in relation to his capacity as a prime minister....furthermore, in August 2013, a sum of US$620 million (RM2.03 billion) was returned by Yang Amat Berhormat PM to the Saudi royal family because the sum was not utilised."

Elsewhere Najib and his ministers have asserted that the "donation" was held on trust for UMNO and/or Barisan Nasional, In addition the BBC "expert" Frank Gardner, whose version of events is supported by UMNO ministers reported:

The $681m (£479m) deposited in the bank account of Malaysian PM Najib Razak by Saudi Arabia was to help him win the 2013 electionsa Saudi source says.Malaysia's attorney general cleared Mr Najib of allegations of corruption on Tuesday after ruling that the money was a donation from the Saudi royal family.Mr Najib had denied that the money came from state investment fund 1MDB.The Saudi source said the donation was made amid concern in Riyadh about the influence of the Muslim Brotherhood."There is nothing unusual about this donation to Malaysia," he said. "It is very similar to how the Saudis operate in a number of countries."A British corporate investigator with extensive experience of the Middle East told the BBC that the $681m was paid through the Singapore branch of a Swiss bank owned by the rulers of Abu Dhabi.



Taking all of the above together ,what appears to have happened is this:

a) The Saudi Government gave PM Najib close to USD 700 million for which he was to act as trustee

b) Regardless, Najib "returned" most of that money to someone, via Singapore

c) In doing so ,he breached his duty a a trustee .He was meant to use the money for the election and/or other purposes, not "return" it.

d) Whoever he returned it to is guilty of theft. Put simply, once something is given away ,it is no longer yours. If you take it back from a trust, even one you created , it could be theft.

It all depends on the terms of the trust, but given what is on the public record, it does not look as if the donor wanted his money back.

If the money was "returned" to someone other than the original donor, say, a princely son of the donor, then the theft is even easier to establish.

In either case, PM Najib would be an accomplice to the theft,which given what we known so far, took place in either Malaysia or Singapore.

END

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