Najib betrayed public's trust, court told
Counsel Kwan Will Sen, representing SRC International and its subsidiary, Gandingan Mentari Sdn Bhd, in a civil suit against Najib, said it has been 10 years since the money ended up in Najib's personal accounts and now, the two companies want it returned.
Kwan made these remarks while delivering the opening statement on the first day of the trial in the civil suit filed by SRC International and Gandingan Mentari against Najib, who is the sole defendant.
'Three courts, namely the High Court, Court of Appeal and Federal Court, have already found him criminally guilty of these very acts beyond a reasonable doubt.
'Najib was the finance minister at the time and had full control over SRC International. He held key positions, including that of adviser emeritus.
'As such, no significant transaction occurred without his knowledge or consent,' he said yesterday, Bernama reported.
Kwan added that evidence will show the RM42mil was transferred from SRC International and ultimately ended up in Najib's personal bank accounts.
Of this sum, RM32mil was immediately transferred to two companies that had previously covered shortfalls in Najib's accounts.
'These transfers were made pursuant to instruction letters bearing his personal signature.
'The remaining RM10mil was spent through personal cheques issued by Najib himself.
'We say that the money trail is clear, the documentary evidence is overwhelming, and Najib's own sworn admissions are damning.
'We will prove our case under three complementary causes of action: knowing receipt, dishonest assistance and misfeasance in public office.
'On any of these grounds, justice demands that these public funds be returned to their rightful owners, the Malaysian people,' Kwan said.
The court also heard testimony from the first witness, former chief executive officer of Yayasan Rakyat 1Malaysia, Ung Su Ling, 57, whose appointment was approved by Najib.
The hearing before Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan is set to continue on Nov 6.
The lawsuit, filed in May 2022, accuses Najib of breach of fiduciary duties, knowing receipt of funds, dishonest assistance, tort of misfeasance in public office, and abuse of power in relation to the misappropriation of SRC International funds.
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