‘Nik Faisal had a mountain behind him’

KUALA LUMPUR: SRC Inter­­­natio­nal Sdn Bhd ex-CEO Nik Faisal Ariff Kamil was “high up” in the 1Malaysia Development Bhd’s subsidiary due to a powerful person behind him, the High Court was told.

Former SRC International director Datuk Suboh Md Yassin (pic), 68, said – like the Chinese proverb – there was “a mountain behind him (Nik Faisal)” – during Datuk Seri Najib Razak’s graft trial involving RM42mil in SRC International funds.

But the witness, cross-examined by Najib’s lawyer Harvinderjit Singh, stopped short of identifying who this “mountain” was.

Suboh’s remarks came after Harvinderjit suggested there was no resolution by the board to appoint Najib as adviser emeritus, nor was there a resolution to appoint Nik Faisal as the go-to person between the board and the former premier.

Suboh agreed the adviser emeritus attended no SRC board meetings.

Harvinderjit suggested it was Nik Faisal who represented himself to Suboh as being in contact with Najib; Suboh replied, “it was more than that”.

“From what I understand, he had high-level meetings with Najib. He told the board. Out of those meetings came shareholders minutes.

“On the basis of these minutes, he read out these were the things that needed to be done,” Suboh said.

Harvinderjit: All of that (instructions) is, again, based on what Nik Faisal told you?

Suboh: It is reflected in the minutes.

Harvinderjit: He told you he had these minutes?

Suboh: Yes

Harvinderjit: But you didn’t see minutes?

Suboh: Yes

The lawyer continued to press Suboh with questions and this prompted ad hoc prosecutor Datuk V. Sithambaram to jump to his feet.

“You must let him answer!” Sithambaram said.

Suboh then said Nik Faisal was emboldened by his position, having someone powerful backing him.

“He’s emboldened because he had somebody behind him. So he could brush us aside.

“Article 117 of the Memorandum and Articles of Association (M&A) changed the makeup of the company. That’s how high he (Nik Faisal) was.

“I wanted to explain that day, but you all objected. So I did not explain,” Suboh said.

The court heard a testimony from former board member Tan Sri Ismee Ismail saying that Article 117 was added to the M&A by Najib, who was also SRC International adviser emeritus.

Article 117 implies that SRC must take into consideration the adviser emeritus’ advice in material and strategic matters as well as execute that advice.

Earlier, during cross-examination by lead counsel Tan Sri Muhammad Shafee Abdullah, Suboh said he was not aware that he was under a witness protection programme by the Malaysian Anti-Corruption Commis­sion (MACC) after assisting the commission in its probe into the SRC International scandal.

Shafee: Were you given witness protection?

Suboh: I do not know.

Shafee: When you came back, did you request to stay somewhere else?

Suboh: No.

Shafee: So you requested to stay at your house?

Suboh: Yes.

Shafee: Were you guarded by the MACC?

Suboh: I don’t know.

Shafee: You don’t know?

Suboh: I stay in a condominium, I have ‘pak guard’ (security guard) there.

Shafee: Were you aware if you were guarded by any MACC officer?

Suboh: Not that I know of.

Prior to the trial, it was reported earlier this year that Suboh was placed under a witness protection programme after being on the run for three years.

The hearing continues today.- Star