RM16 Mln Was A Donation, Not Linked To Any Breach Of Trust - UMNO's Counsel
UMNO's counsel, Mohamed Shahrul Fazli Kamarulzaman, submitted that the party received the said sum as donations and contributions.
'No evidence that the plaintiffs only knew of the RM16 million sum was disbursed due to breach of duty or trust by their former directors sometime in 2019.
'UMNO at all times was a bona fide recipient of the RM16 million sum and the said sum has been spent and utilised by UMNO in activities and programmes that were corporate social responsibility (CSR) in nature,' he said.
The counsel made the submission during the hearing of a lawsuit filed by SRC International Sdn Bhd and its two subsidiaries - Gandingan Mentari Sdn Bhd (GMSB) and Jendela Pinggiran Sdn Bhd (JPSB) - against UMNO and Selangor UMNO.
Mohamed Shahrul Fazli also submitted that there is no evidence to show that former Prime Minister Datuk Seri Najib Tun Razak, as the Advisor Emeritus of SRC at that time, had instructed the Board of SRC, GMSB or JPSB to disburse the RM16 million sum to UMNO.
'The evidence only shows that the Board of SRC hold the ultimate decision-making authority for the management of business to fulfil SRC's objectives.
'It is clear that Datuk Seri Najib cannot, in essence or substance, be construed as a shadow director of the plaintiffs or their directing mind and will. At all times, Datuk Seri Najib's roles in the plaintiffs were due to his official capacity and subject to SRC's Articles of Association,' he added.
Meanwhile, SRC's counsel Razlan Hadri Zulkifli submitted that there are no contemporaneous documents from JPSB or SRC to explain the transfer of RM16 million to UMNO.
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