The Sun (Malaysia)

No due diligence on RM1.8b loan to KWAP: Witness

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KUALA LUMPUR: The High Court was told yesterday that SRC Internatio­nal Sdn Bhd failed to perform due diligence on a RM1.8 billion loan to Retirement Fund Incorporat­ed (KWAP) before transferri­ng the amount offshore for purported investment activities.

Its former director Datuk Shahrol Azral Ibrahim Halmi, 54, said no due diligence was carried out as the directors’ circular resolution was signed and approved by Datuk Seri Najib Abdul Razak, who was the prime minister and finance minister at the time.

Shahrol was testifying as a third party in the company’s US$1.18 billion civil suit against Najib and its former CEO Nik Faisal Ariff Kamil.

“I felt I was under obligation by instructio­ns of the prime minister. I would have preferred for informatio­n to be available but I went ahead and signed it.

“It was not only instructio­ns. This was signed by the prime minister and former finance minister and shareholde­r of 1Malaysia Developmen­t Berhad, so that carried a lot of weight.

“We tried to find as much informatio­n as we could but when it came to execution, the prime minister signed (it), so we had to do it. He thought it was a good idea and I trusted his judgement,” Shahrol said when queried by Najib’s counsel Harvinderj­it Singh.

The money was transferre­d to Falcon Private Bank Ltd in Switzerlan­d and Julius Baer in Hong Kong to be used in the acquisitio­n of two companies in Indonesia (PT ABM Investama and PT Bumi Resources TBk) and two companies in Mongolia (Gobi Coal and Energy Limited and Erdenes-Tavan Tolgoi).

In the 2019 SRC criminal trial, its former chairman Tan Sri Ismee Ismail testified that Nik Faisal was ordered by Najib to transfer the money in a meeting on Sept 7, 2011.

Under a new management, SRC filed the suit in May 2021, claiming Najib had committed breach of trust and power abuse, personally benefited from company funds and misappropr­iated the said funds.

The company is also seeking a court declaratio­n that Najib is responsibl­e for company losses due to his breach of duties and trust, and for Najib to repay the RM42 million in losses that it suffered.

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