KUALA LUMPUR: Datuk Seri Najib Tun Razak's defence team has told the High Court that the central thrust of former SRC International Sdn Bhd director Datuk Shahrol Azral Ibrahim Halmi's defence is premised on hearsay.
During the hearing before Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan on Wednesday (March 4), Najib's counsel Tan Sri Muhammad Shafee Abdullah repeatedly pressed Shahrol Azral over his reliance on statements allegedly made by former SRC chief executive officer Nik Faisal Ariff Kamil, who is not in the country and has not testified in the proceedings.
Muhammad Shafee contended that his testimony could not be proven or verified by the court as he was largely quoting another individual who had absconded.
"You are quoting Nik Faisal Ariff Kamil, that certain things were conveyed to him by Najib. It is not merely hearsay but double hearsay.
"What you have stated in your witness statement, that Nik Faisal conveyed to you and to the SRC board of directors are purported statements that the court cannot verify," he said during cross-examination during the RM42mil civil suit filed against the former prime minister by SRC and its subsidiary, Gandingan Mentari Sdn Bhd.
Muhammad Shafee further argued that with Nik Faisal not present in the country or before the court, the witness could not conclusively prove the truth of what was allegedly said.
In response to this, Shahrol Azral said "I have no comment on this. How do I prove something that I heard and remember?"
Pressed on whether Nik Faisal was central to his defence, Shahrol Azral agreed and admitted he had made no effort to locate or secure his attendance in court, despite acknowledging that Nik Faisal could corroborate his testimony.
In his witness statement, Shahrol Azral attributed several statements to Nik Faisal, claiming that the latter had conveyed certain information to him and the SRC board of directors, which influenced his understanding of company operations and guided how he handled documents, forms, and cheque-related tasks.
Shahrol Azral testified that he had no reason to doubt Nik Faisal, the authorised signatory for Najib's bank accounts and SRC's corporate representative and had acted according to his instructions, given Najib's role at the time as prime, finance minister and sole SRC shareholder through Minister of Finance Incorporated.
Filed in 2021 by SRC and Gandingan Mentari, the civil suit seeks a declaration that Najib is liable for RM42mil and claims damages for knowing receipt, dishonest assistance, misfeasance in public office, and abuse of power.
The trial resumes on Thursday (March 5).
