KUALA LUMPUR: Fund transfer instructions by the late Datuk Azlin Alias, the former principal secretary of Datuk Seri Najib Razak, were issued outside his capacity as a trustee of Yayasan Rakyat 1Malaysia (YR1M), the High Court was told.
Former YR1M chief executive officer Ung Su Ling said in her testimony on Monday (Sept 8) that the instructions were to transfer RM5mil and RM27mil into two bank accounts.
Ung agreed to suggestions by Najib's counsel Muhammad Farhan Muhammad Shafee that the instruction was more of a private request and that nothing in YR1M’s constitution, policies, or her employment contract required her to comply with Azlin’s instructions.
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She was testifying under cross-examination by Farhan in the RM42mil civil suit brought by SRC International Sdn Bhd and its subsidiary Gandingan Mentari Sdn Bhd against former prime minister Najib.
The matter is being heard before Judicial Commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
Farhan further questioned the witness if any written mandate or formal minutes from the YR1M board of directors existed to authorise the fund transfers, to which Ung responded "No”.
Farhan: Up to this point, you did not enquire about the details of the two transactions?
Ung: Yes. I am not in the habit of questioning the trustees on the wisdom of their instructions, as there was sufficient information given…
Farhan: Now I'll stop you there ... you said you wouldn't query the wisdom of the trustees. Now that would be if such instructions were made in the context of trustees. You just said that it was a private request.
Ung: Since it involved the same people, you don’t go and question your bosses, right? This was the principal private secretary to the Prime Minister of Malaysia. I was not going to question him on the why, who, or how.
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During earlier proceedings, Ung testified that Azlin messaged her via WhatsApp in December 2014 to instruct Ihsan Perdana Sdn Bhd (IPSB) managing director Datuk Seri Shamsul Anwar Sulaiman to transfer RM27mil to an AmIslamic account named "AmPrivate Banking – 1MY” (Account 880) and RM5mil to an AmIslamic account named "AmPrivate Banking – MY” (Account 906).
It was established during Najib's SRC International criminal trial that both accounts belonged to him.
The civil suit, filed in May 2022, accuses Najib of breach of fiduciary duties, knowing receipt of funds, dishonest assistance, tort of misfeasance and abuse of power in relation to the misappropriation of SRC International funds.
The hearing will resume on Oct 6. – Bernama
