Malaysia

Court orders Najib, 4 others, to file defence statements by Aug 30 for SRC suit

SRC to file reply by Sept 30, says former PM’s lawyer

Updated 5 years ago · Published on 03 Aug 2021 6:20PM

Court orders Najib, 4 others, to file defence statements by Aug 30 for SRC suit
SRC International Sdn Bhd alleges that all the defendants, including Datuk Seri Najib Razak, conspired and committed breach of trust, and claims that the former prime minister had abused his power and obtained personal benefits from SRC funds as well as misappropriated funds. – Bernama pic, August 3, 2021

KUALA LUMPUR – The high court here today ordered Datuk Seri Najib Razak and four other defendants to respond to a suit filed by SRC International Sdn Bhd for alleged breach of trust and breach of statutory duty in relation to the RM4 billion Retirement Fund Inc (KWAP) loan to SRC by August 30.

The four were SRC’s former directors, Datuk Suboh Md Yassin, Nik Faisal Ariff Kamil, Datuk Mohammed Azhar Osman, and Datuk Che Abdullah @ Rashidi Che Omar.

Lawyer Muhammad Farhan Muhammad Shafee, who appeared for the former prime minister, said the court has ordered the defendants to file their statements of defence by the end of the month.

“The court also ordered the plaintiff (SRC) to file its reply to their defence by September 30.

“October 4 was set for next case management,” he told reporters after case management today, which was conducted online before judge Datuk Ahmad Fairuz Zainol Abidin.

He said that in the meantime, SRC was preparing a substituted service application to serve the writ of summons against Nik Faisal, since he is unreachable and out of jurisdiction (out of the country).

On May 7, SRC under its new management had filed legal action against Najib and its former directors Suboh, Azhar, Nik Faisal, Datuk Shahrol Azral Ibrahim Halmi, Tan Sri Ismee Ismail. and Che Abdullah.

However, on July 22, it removed Ismee’s and Shahrol’s names from the suit and retained the others as defendants. 

SRC, a subsidiary of 1Malaysia Development Bhd in the writ of summons, alleged that all the defendants conspired and committed a breach of trust, and claimed that the former prime minister had abused his power and obtained personal benefits from SRC funds as well as misappropriated funds.

Najib was the adviser emeritus of SRC from May 1, 2012, to March 4, 2019.

SRC, which is now wholly owned by the Ministry of Finance Incorporated (MoF Inc) is seeking a declaration that all the defendants are liable to pay the loss of investment funds as a result of the use of the loan amount in addition to claiming general damages, exemplary, additional and interest, costs, and other appropriate relief provided by the court.

SRC, in its writ of summons, said that in January 2019, the company was placed under the care of officials from the Finance Ministry (new management) and, after scrutinising and reviewing SRC records, found that SRC’s previous directors had not taken any reasonable steps to ensure KWAP's loans amounting to RM4 billion to SRC in 2011 and 2012 were used properly to finance the company's general investment activities and general working capital requirements.

The company claimed that the previous directors did not monitor the disposal of RM3.6 billion to proposed investment fund SRC BVI, allegedly for SRC to undertake investment activities in the energy resource sector overseas; failed to monitor the Malaysian government’s exposure to guarantees given to SRC, and failed to inquire about the misappropriation of SRC funds.

“The new management also found that a large number of withdrawals, transfers, and use of KWAP loans were fraudulent or wrong,” the company said in its writ of summons. – Bernama, August 3, 2021

Related News

Malaysia / 3w

Najib raises objections to 80% of ex-1MDB CEO’s witness statement over hearsay

Malaysia / 3w

US$620 million returned, not to Najib's account - Angela

Malaysia / 4w

1MDB audit did not cover Najib’s personal accounts, court told

Malaysia / 4w

Shafee seeks to strike out parts of Tony Pua's statement

Malaysia / 1mth

Najib must be held accountable for 1MDB's US$5.6 billion loss -  lawyer

Opinion / 1mth

BN, you can’t have your cake and eat it too

Spotlight

Malaysia

Puteri Umno distances itself from viral Threads post

By Alfian Z.M. Tahir

Malaysia

MACC drops orange detention attire for court remand cases after PM’s call

World

Man jailed six years for keeping Indonesian woman as slave in Melbourne home

Malaysia

Emergency declared in Serian as haze reaches hazardous levels (UPDATED)

Malaysia

Haze in Serian enters emergency phase

Malaysia

Death sentence for deaf, mute man who killed family of four upheld

Malaysia

Retired army officer with Datuk title charged with alleged sexual assault of golf caddie

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

You may be interested

Malaysia

Sri Aman nears hazardous air mark as Sarawak haze intensifies

Malaysia

Govt moves to overhaul death investigations with dedicated Coroner’s Law

Malaysia

Second Malaysian held in Chennai in one month with RM520k cannabis haul

Malaysia

Woman dies after alleged assault, boyfriend held in Penampang

Malaysia

UMNO-PAS ‘reunion’ gains pace as Hadi puts PAS on GE16 alert

Malaysia

‘What she said is not true’ — TH chairman says Madinah was served subpoena

Malaysia

‘I will quit if Zahid asks me to, not anyone else’ - Asyraf Wajdi

Malaysia

Akmal: Malaysia must future-proof energy security, OGSE industry