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Najib’s Defence Argues SRC Witness Testimony Relies on ‘Double Hearsay’

Shafee Abdullah challenges credibility of Shahrol Azral’s evidence in RM42 million civil suit

KUALA LUMPUR, March 4 — Datuk Seri Najib Tun Razak’s defence team argued in the High Court that key testimony presented by former SRC International Sdn Bhd director Datuk Shahrol Azral Ibrahim Halmi is largely based on hearsay and cannot be independently verified.

The issue was raised by Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah during cross-examination in the ongoing RM42 million civil lawsuit filed by SRC International and its subsidiary Gandingan Mentari Sdn Bhd.

The proceedings are being heard before High Court judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.

Shafee argued that many statements contained in Shahrol Azral’s witness testimony were based on information allegedly conveyed by former SRC chief executive officer Nik Faisal Ariff Kamil.

However, Nik Faisal has not appeared in court and is believed to be outside the country, preventing the court from verifying the claims attributed to him.

According to the defence, this situation significantly undermines the reliability of the witness’s testimony.

Shafee described the issue as more than ordinary hearsay, characterising it as “double hearsay”.

“In your witness statement, you are quoting Nik Faisal who claims that certain matters were conveyed to him by Datuk Seri Najib,” Shafee told the witness.

“This means you are repeating statements made by someone who says he heard them from another individual.”

He argued that without Nik Faisal’s presence in court, the alleged statements cannot be confirmed or tested through proper legal scrutiny.

Responding to the questioning, Shahrol Azral said he had no comment on the matter and acknowledged the difficulty of proving statements based on what he had heard and remembered.

When asked whether Nik Faisal was central to the narrative presented in his testimony, Shahrol Azral confirmed that the former SRC executive played an important role in the information he received during his tenure at the company.

He also admitted that he had not made any effort to locate Nik Faisal or secure his appearance in court, despite acknowledging that the former CEO could potentially corroborate his testimony.

In his witness statement, Shahrol Azral said that Nik Faisal had conveyed several pieces of information to him and to members of the SRC board of directors.

Those communications, he said, influenced his understanding of the company’s operations and guided how he handled documents, official forms and cheque-related matters.

Shahrol Azral explained that he had no reason to question the instructions given to him at the time.

He noted that Nik Faisal was the authorised signatory for Najib’s bank accounts and also served as SRC’s corporate representative.

In addition, Najib’s roles as Prime Minister, Finance Minister and sole shareholder of SRC through Minister of Finance Incorporated were factors that influenced how he interpreted and followed those instructions.

The civil suit filed in 2021 seeks a declaration that Najib is liable for RM42 million.

SRC International and Gandingan Mentari are also seeking damages on grounds including knowing receipt, dishonest assistance, misfeasance in public office and abuse of power.

-wilayah.com.my

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