The money came into Najib's acc without he ever knowing it! Just like when you were in a public place and had left your basket on the ground, someone without your knowledge had slipped some drugs into it. You did not know. Later you carried the basket and the narcotics officer stops and arrests you for possession. Actus reus is there. No mens rea (guilty mind) my brothers. The account was operated by the bank in actual fact. Najib did not know what went into it. Najib had nominal control only. The bank had actual control. The bank received the money and made the documents and entered the sum into Najib account. When exactly was Najib informed by the Bank? What should Najib have done after the fact of this uninformed deposit? Can this case be argued from this line......? No mens rea! Discuss.......
ref comment: this AG had been appointed by a Prime Minister who had just unconstitutionally sacked the previous AG, which he had no right to do. - well the previous AG was also appointed by a prime minister. If unconstitutional, who and how according to the constitution can remove the AG? You may say the removal was morally wrong but it is legally right. Writer should have quoted the constitutional provisions for the reader..
by apm,
Read: http://www.sarawakreport.org/talkback/legal-establishment-calls-foul-on-najibs-regime/#commentarea
ref comment: this AG had been appointed by a Prime Minister who had just unconstitutionally sacked the previous AG, which he had no right to do. - well the previous AG was also appointed by a prime minister. If unconstitutional, who and how according to the constitution can remove the AG? You may say the removal was morally wrong but it is legally right. Writer should have quoted the constitutional provisions for the reader..
by apm,
Read: http://www.sarawakreport.org/talkback/legal-establishment-calls-foul-on-najibs-regime/#commentarea
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