%20(1)_theedgemalaysia_theedgemalaysia.jpg&w=1920&q=75)
KUALA LUMPUR (Jan 23): Datuk Suboh Md Yasin, a former director of SRC International Sdn Bhd, testified in the High Court on Thursday that the company's memorandum and articles of association (M&A) did not explicitly prohibit or allow political donations.
Suboh was questioned by a lawyer representing Umno Selangor, Datuk Hasnal Rezua Merican, about a sum of RM43.96 million that was transferred from SRC to Gandingan Mentari Sdn Bhd and then Jendela Pinggiran Sdn Bhd, between April and July 2015. Both are SRC's subsidiaries. The money was then used to make donations to Umno.
Hasnal asked Suboh if there were any provisions in the M&A that barred SRC and Gandingan Mentari from channeling funds to Jendela Pinggiran for political donations.
Suboh replied that there was no specific provision allowing such donations, nor did it bar them. It was up to the recipient of the funds, Jendela Pinggiran, to decide how to use the money.
Suboh, 74, was also a director of Gandingan Mentari in 2013 and Jendela Pinggiran in 2014. He admitted to signing three cheques worth RM16 million each, which were then given to former prime minister Datuk Seri Najib Razak by then-SRC chief executive officer Nik Faisal Ariff Kamil.
Hasnal asked Suboh if he thought he acted wrongly in transferring the money from SRC and Jendela Pinggiran. Suboh replied that he had to do it, as it was an instruction from his boss, Najib.
In the opening statement of this trial, lawyer Razlan Hadri Zulkifli, who represented SRC and its two subsidiaries, claimed that RM43.96 million from SRC and Jendela Pinggiran were used by Najib as slush funds. At the time, Najib was the finance minister and sole shareholder of SRC, as well as "advisor emeritus" to the company.
Suboh testified that when he signed the blank cheques for Najib's use, he did not know the money was being misappropriated. He maintained that he acted in good conscience, and fulfilled his fiduciary duties as a director of SRC.
The RM43.96 million originated from the RM4 billion loan that SRC obtained from Retirement Fund Inc or KWAP.
Suboh further clarified that he was referring to Najib when he said "the boss" had asked him to sign the cheques.
Apart from Hasnal, Umno was also represented by counsel Shahrul Fazli Kamarulzaman. Razlan and Kwan Will Sen were acting for SRC and its subsidiaries.