KUALA LUMPUR (Bernama): The High Court here has ordered Datuk Seri Najib Tun Razak (pic) to respond to the suit filed by SRC International Sdn Bhd against the former prime minster relating to alleged breach of trust and breach of statutory duty involving SRC funds totalling RM42mil by Oct 11.
According to a lawyer from Rosli Dahlan Saravana Partnership that was representing SRC, the court had also ordered the plaintiff (SRC) to file a response to the defence by Dec 13.
"The court has set further case management on Dec 14 that will be conducted online (e-Review)," he said when contacted by reporters after the case management proceedings on Thursday (Sept 2) that were conducted online in front of senior assistant registrar Noordura Mohamed Din.
SRC, a subsidiary of 1Malaysia Development Berhad (1MDB) and Gandingan Mentari Sdn Bhd (GMSB), a wholly-owned SRC subsidiary, filed a writ of summons on May 7, alleging that Najib conducted a breach of trust, misused his power and benefited personally from SRC funds and misappropriated the funds.
Najib was SRC Emeritus Advisor from May 1, 2012 till March 4,2019.
SRC, which was now wholly owned by the Minister of Finance (Incorporated), alleged that through a letter of appointment dated Sept 3, 2015, SRC appointed Ihsan Perdana Sdn Bhd (IPSB) (previously known as Gem Horizon Sdn Bhd) as a social corporate responsibility (CSR) programme partner.
It alleged that, between December 2014 and April 2015, SRC withdrew RM123mil in funds and deposited it into a bank account of IPSB for CSR purposes and a grant was given to IPSB without the approval of the board of directors of both SRC and GMSB.
The plaintiff claimed that IPSB transferred the funds received under the grant to various third parties for IPSB, including RM42mil that was transferred to two accounts owned by Najib allegedly for CSR purposes between December 2014 and February 2015.
SRC also alleged that Najib in his capacity as prime minister, finance minister and SRC emeritus advisor had acted in a dishonest manner to help former SRC and GMSB directors to violate various statutory duties and commit breach of trust, when failing to check with AmIslamic Bank about the amount of misappropriated funds that were deposited into Najib’s bank accounts.
Therefore, the plaintiff was seeking a declaration that the plaintiff had a right to follow and trace the RM42mil and to demand equity ownership to the funds or any property obtained by Najib with the use of the money in addition to general, exemplary and aggravated damages. - Bernama