Najib called the shots in SRC, court told

PUTRAJAYA: The Court of Appeal was told yesterday that Datuk Seri Najib Abdul Razak had absolute power over SRC International Sdn Bhd, including the hiring and firing of its directors as the company’s constitution allowed 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 approval 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 SRC at the material time.

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

Sithambaram explained that former SRC chairman Tan Sri Ismee Ismail and its director Datuk Suboh Md Yassin had testified during a 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 consulted before key decisions were made.

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

The hearing of the appeal continues. – Bernama