In SRC civil suit, Umno insists RM16m from Jendela Pinggiran was bona fide donation, used funds for CSR
Umno's counsel, Mohamed Shahrul Fazli Kamarulzaman, submitted that the party received the said sum as donations and contributions.
'No evidence that the plaintiffs only knew of the RM16 million sum was disbursed due to breach of duty or trust by their former directors sometime in 2019.
'Umno at all times was a bona fide recipient of the RM16 million sum and the said sum has been spent and utilised by Umno in activities and programmes that were corporate social responsibility (CSR) in nature,' he said.
The counsel made the submission during the hearing of a lawsuit filed by SRC International Sdn Bhd and its two subsidiaries – Gandingan Mentari Sdn Bhd (GMSB) and Jendela Pinggiran Sdn Bhd (JPSB) – against Umno and Selangor Umno.
Mohamed Shahrul Fazli also submitted that there is no evidence to show that former Prime Minister Datuk Seri Najib Tun Razak, as the Advisor Emeritus of SRC at that time, had instructed the Board of SRC, GMSB or JPSB to disburse the RM16 million sum to Umno.
'The evidence only shows that the Board of SRC hold the ultimate decision-making authority for the management of business to fulfil SRC's objectives.
'It is clear that Datuk Seri Najib cannot, in essence or substance, be construed as a shadow director of the plaintiffs or their directing mind and will. At all times, Datuk Seri Najib's roles in the plaintiffs were due to his official capacity and subject to SRC's Articles of Association,' he added.
Meanwhile, SRC's counsel Razlan Hadri Zulkifli submitted that there are no contemporaneous documents from JPSB or SRC to explain the transfer of RM16 million to Umno.
He said there was also no reason whatsoever for the plaintiff to transfer, donate or gift the said sum to Umno and for the latter to receive these monies, to which Umno do not even have any relationship or knowledge of the plaintiffs, in the first place.
'Umno is harping on the fact that these monies were received by way of political donation. That is simply untenable given that Umno did not even verify or account for the RM16 million received at all times.
'Umno merely assumes the monies to be a political donation. To date, there have been no records shown whatsoever of the purpose for the transfer of RM16 million to Umno or reasons why JPSB's cheques were in the hands of Datuk Seri Najib at that material time,' he said.
In the lawsuit against Umno, the plaintiffs are seeking RM16 million, which they allege was wrongfully transferred to the political party, asserting that Umno had no basis to receive the funds.
The second lawsuit involves a claim of RM3.5 million against the Selangor Umno, which is also accused of receiving the funds.
The hearing before Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan continues on Wednesday. — Bernama
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