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Najib Secures Stay On USD1.3 Bln Payment To SRC Pending Appeal

Kuala lumpur: The High Court here today granted Datuk Seri Najib Tun Razak a stay of execution on the payment of USD 1.3 billion awarded to SRC International Sdn Bhd, pending his appeal against the court's March ruling. Judge Datuk Ahmad Fairuz Zainol Abidin, now a Court of Appeal judge, ruled that special circumstances justified the stay.

According to BERNAMA News Agency, these circumstances included the substantial size of the sum awarded against a single individual, the precedent of a stay granted in Najib's tax case involving RM 1.69 billion, and the fines imposed on him in his criminal cases. Judge Ahmad Fairuz highlighted that the concurrent judgments against Najib, including those from the Inland Revenue Board (IRB) suit and the criminal liabilities attracting monetary penalties, constitute special circumstances warranting the stay. He emphasized that it was essential for the case to be conclusively determined at the highest level before any enforcement actions are allowed.

During a proceeding via Zoom today, Justice Ahmad Fairuz ordered Najib to pay RM2 million in costs to SRC International and RM150,000 each to five third-party defendants named in the suit. The third-party defendants were former directors Tan Sri Ismee Ismail, Datuk Suboh Md Yassin, Datuk Mohamed Azhar Osman Khairuddin, Datuk Shahrol Azral Ibrahim Halmi, and Datuk Che Abdullah @ Rashidi Che Omar. The confirmation of this order was provided by SRC International's counsel, Luc Choong, following the proceedings.

On March 31, the court ruled that Najib is liable for SRC International's USD1.3 billion losses after finding that he had breached his fiduciary duties, abused his position, and misappropriated the company's funds for personal gain. Justice Ahmad Fairuz, in allowing the company's USD1.18 billion lawsuit against the former premier, ordered Najib to pay the amount, in addition to USD120 million that he had received from the company into his AmPrivate banking account ending 694, hence bringing the total to USD1.3 billion. Furthermore, the court dismissed Najib's claims against the third-party defendants, stating that he could not transfer liability onto them after exercising control over the company and directing their formal actions.

SRC sued Najib in May 2021, alleging breach of fiduciary duties, abuse of power, and misappropriation of company funds for personal gain.

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