The recent resolution to Riza Aziz’s case is not a controversial one. I fear that controversy was created by interested parties to get at Najib Razak by prejudicing his ongoing cases through the unkind attacks on Riza’s matter.
It is important to stress this because the prosecution, if the trial had proceeded, would have to prove in Riza’s case that: these monies are in fact proceeds of identified crimes ; Riza has actual knowledge that these funds are from the proceeds of these crimes. This needs to be emphasised as former attorney-general Tommy Thomas was out of his depth when he hurriedly, post haste, preferred these five charges against Riza without thinking deeply on the complications of proof, the length of the anticipated trial and the costs.
Considering these complexities in Riza’s case, it is not surprising, therefore, that the US Department of Justice itself, appreciating these hurdles, decided to take action against Riza only for civil forfeiture, not criminal prosecution. This is not a hollow narrative. There is a ring of truth to Riza’s claim, which a trial judge has to grapple with, because;
At all material times, Red Granite, after successfully producing these movies, had paid off virtually all the loans, plus the accrued interest. This is a critical piece of information as it means the monies Riza received in all the five charges substantively were no longer with him as he had paid them off to the lenders.
The senior DPPs in charge of the case, led by senior counsel Sri Ram and assisted by Akram Gharib, are experienced senior counsel. They could smell blood miles away to move for the kill, if required, and likewise would also appreciate if the hounds are leading them nowhere constructive. They would have carefully advised Tommy, who was in need of their professional advice.
“In light of the statement in paragraphs 5.10, 5.14, 5.15, 5.18 and 5.19, I am prepared to consider this representation: Paragraph 5.20 contained their terms of a proposed settlement. I await your advice.” If Thomas was telling the truth that he would never accept such a representation from Riza , then why did he show interest in the proposals by seeking Sri Ram’s opinion? Why waste Sri Ram’s valuable time, when the latter was engaged in many urgent cases? So Thomas could not have been so against the proposals, as he now claims;
So much for equality in the eyes of the law...😑
It’s good to know that Riza Aziz isnt the culprit
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