KUALA LUMPUR: Datuk Seri Najib Razak told the High Court today that the creation of his "Advisor Emeritus" role at SRC International Sdn Bhd was not his idea.
The former prime minister said the idea was suggested to him and that he went along with it.
He said the role required him to "advise the board on matters of strategic interest to Malaysia" and that the board will give "consideration to and implement any advice" of the Advisor Emiretus "in the best interest of the country".
"I was comforted with the words but it was not my idea," he said when testifying in a US$1.18 billion civil lawsuit filed by SRC International against him and the company's former CEO Nik Faisal Ariff Kamil, who is at large.
During cross-examination, SRC International's lawyer, P. Gananathan asked Najib who suggested the idea.
The former Pekan member of Parliament said he could not remember but confirmed the proposal had been presented to him.
The senior lawyer then directed Najib to refer to Article 117 of the company's memorandum and articles of association, which led to his appointment as advisor emeritus.
Gananathan: I'm suggesting to you, that you introduced this position as the Advisor Emeritus of the company, to entrench your position further, to be the ultimate controller of SRC International.
Najib: How can I be the ultimate controller?
Gananathan: Do you agree or disagree?
Najib: I disagree.
Gananathan: Please refer to Article 116. You are now introducing a further amendment which requires your prior approvals for the disclosure of sensitive information.
Najib: I do not think anything sinister of that.
Gananathan: These amendments are for you to tighten control over SRC International.
Najib: I disagree.
Najib also referenced his previous role in Petronas during his tenure as prime minister, where he said he had the authority to override the board's decisions.
"The overarching powers of the prime minister in the context of Petronas is even more overwhelming where I had direct control, I could override the board."
SRC, under its new management, filed the suit in May 2021, claiming that Najib committed a breach of trust and abuse of power.
The company also alleged Najib misappropriated company funds and benefited from it.
It is also seeking a court declaration that Najib is responsible for the company's losses due to his breach of duties and trust, and for Najib to pay back the RM42 million in losses it suffered.
The trial before Judge Datuk Ahmad Fairuz Zainol Abidin continues tomorrow.