Why did the judge find the RM2.3 billion funds deposit untenable?

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The RM2.3 Billion Deposit Was Deemed Untenable Due to Lack of Substantiation and Irregularity

The judge found the claim that the RM2.3 billion deposited into Datuk Seri Najib Razak's personal accounts constituted a donation from the Saudi royal family to be untenable. This conclusion was reached due to a significant lack of credible evidence, the irregular manner of the deposit, and the absence of any official acknowledgment or proper accounting for such a substantial sum. The court determined that the defence lacked merit and was unsustainable in light of the presented facts.
Absence of Formal Acknowledgment and Documentation

There was a notable absence of any formal acknowledgment from the government, political party, or the accused himself to the purported Saudi royal family donor. Furthermore, no official records, minutes, or evidence were presented to document the alleged donation or to establish a link between the purported donor and any legitimate political activity. The alleged donation letter itself was addressed to Najib's private residence, not an official or party address, further undermining its legitimacy.
Irregular Deposit into Personal Accounts

The court found it untenable that such a substantial sum, amounting to RM2.3 billion, could be deposited directly into a personal account without any form of proper or transparent accounting. Given Najib's position as Prime Minister and the head of Umno, a major political party, the expectation would be for meticulous record-keeping for any significant financial inflows, especially those claimed to be for political purposes. The lack of such records for this magnitude of funds raised serious questions about the validity of the donation claim.
Legal Implications of Untenable Defence

The judge ruled that the findings regarding the lack of merit in the Arab donation defence created an estoppel against the accused. This legal principle prevents Najib from relitigating the issue of the Arab donation, as it had already been raised and decided upon in a superior court whose decision was upheld on appeal. Therefore, the defence concerning the RM2.3 billion being a political donation from the Saudi royal family was legally barred.

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Why did the judge find the RM2.3 billion funds deposit untenable?

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