The Borneo Post (Sabah)

Najib had absolute power in SRC - prosecutor

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PUTRAJAYA: The Court of Appeal was told on Wednesday that Datuk Seri Najib Tun Razak had absolute power over SRC Internatio­nal Sdn Bhd, including over hiring and firing its directors, as the company’s constituti­on itself allows it.

Ad-hoc prosecutor Datuk V Sithambara­m submitted that a provision in SRC’s Memorandum and Articles of Associatio­n stated that nobody could be appointed director without the blessings of the then prime minister.

Sithambara­m submitted this before a three-member bench led by Judge Datuk Abdul Karim Abdul Jalil in the hearing of Najib’s appeal against his conviction and jail sentence for the misappropr­iation of RM42 million in SRC Internatio­nal funds.

The other two judges on the bench were Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera.

Sithambara­m: We are saying that Najib had the power in hiring and firing the SRC (directors).

Abdul Karim: Not the board of directors? Sithambara­m: No.

The prosecutor also said Najib was the “controllin­g mind” of the company in his capacity as the prime minister, finance minister and adviser emeritus of the SRC at the material time.

“The board acted on the instructio­n of Najib through SRC chief executive officer, Nik Faisal Ariff Kamil who was the ‘mountain’ behind the appellant (Najib),” he added.

Sithambara­m explained that the former SRC chairman Tan Sri Ismee Ismail and its director Datuk Suboh Md Yassin had testified during the Kuala Lumpur High Court trial on the power wielded by Najib.

He said Najib was already involved in SRC as early as 2011 when the company was incorporat­ed as a private limited company.

Sithambara­m said the company constituti­on stated that Najib must be referred to if certain key decisions were made.

The prosecutor added that the company first became a subsidiary of 1MDB and was later placed under the Ministry of Finance Incorporat­ed.

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