KUALA LUMPUR, Sept 24 — The High Court today was told that Datuk Seri Najib Tun Razak’s criminal case involving SRC International Sdn Bhd has no direct relation to the company’s ongoing civil suit against the former prime minister.
Najib’s counsel Tan Sri Muhammad Shafee Abdullah said that criminal and civil cases are subjected to different standards to prove their case.
“In criminal cases, the guilt of the accused must be proved beyond a reasonable doubt. In civil cases, however, the rights of the parties or the matter in dispute shall be decided on the balance (preponderance) of probabilities.
“If a party to the case relies upon a decision of the criminal court and insists the civil court give credence to the same decision, it is incumbent upon that party to gather further materials in the case which would support the observation and decision of the criminal court.
He said this during the submission at the hearing of SRC’s US$1.18 billion (RM4.97 billion) civil suit against Najib and SRC former chief executive officer Nik Faisal Ariff Kamil, who remains at large.
Muhammad Shafee emphasised that if any material is available in the case which would corroborate or challenge the decision of the criminal court, the civil court is not barred from relying on it.
“In a criminal trial, any document adverse to the accused is typically challenged or objected to as part of standard procedure.
“However, in a civil trial situation, I’m speaking for myself, I object to a lot of the documents. If the documents are lacking in their provenance, history and originality, I will object because it may affect the finality of the case,” he said.
The hearing before Judge Datuk Ahmad Fairuz Zainol Abidin continues tomorrow.
The current legal action, filed in 2021, concerns a RM4 billion loan from KWAP, which was given to SRC in two tranches in the second half of 2011 and the first half of 2012, and SRC is seeking a declaration from the court that Najib is liable to account for the company’s losses of US$1.18 billion due to breach of duties and trust.
It is also asking for an order for Najib to compensate USD120 million and Nik Faisal to pay US$2 million to SRC International, as well as damages.
Najib is currently serving a jail term in Kajang Prison for the misappropriation of RM42 million from SRC International. — Bernama
