KUALA LUMPUR: Najib Razak, who is facing seven criminal charges under three separate laws, played different roles in SRC International, the High Court heard today.
Former SRC International Sdn Bhd chairman Ismee Ismail said the ex-prime minister was the adviser emeritus of the company following the inclusion of clause 117 to its Memorandum and Articles of Association.
He said Najib was the shareholder of SRC in his capacity as finance minister as the company was owned by Finance Ministry Incorporated.
“I was following the instruction of the prime minister, who is also adviser emeritus of SRC, finance minster and corporate representative of Finance Ministry Incorporated,” he said when cross-examined by Najib’s lawyer, Harvinderjit Singh.
Ismee’s response came when the lawyer pointed out that Najib as prime minister and finance minister was not mentioned when he was made adviser emeritus of SRC International.
The 39th prosecution witness also said there was no meeting between Najib in his capacity as adviser emeritus and the SRC board of directors when he was SRC International chairman from 2011 to 2014.
“Whatever advice came through SRC International CEO and managing director Nik Faisal Ariff Kamil,” he said.
He said Nik Faisal was actually the link between Najib and the SRC board.
Esmee said that apart from Article 117, Najib had control over the board and management as Article 67 states that the appointment and removal of directors shall not be formalised without the written approval of the prime minister.
Najib, 66, faces three counts of criminal breach of trust, one charge of abusing his position and three counts of money laundering over SRC International funds amounting to RM42 million.
He is also accused of abusing his power as prime minister by giving government guarantees on SRC International’s RM4 billion loan from Retirement Fund Inc.
The charges were framed under the Malaysian Anti-Corruption Commission Act, the Penal Code and the Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).
The Pekan MP was charged with committing the offences at AmIslamic Bank Bhd on Jalan Raja Chulan and the Prime Minister’s Office in Putrajaya between Aug 17, 2011, and Feb 10, 2015.
The hearing before judge Mohd Nazlan Mohd Ghazali continues.