Kuala lumpur: The High Court was informed today that the criminal case against Datuk Seri Najib Tun Razak concerning SRC International Sdn Bhd bears no direct connection to the ongoing civil suit filed by the company against the former prime minister.

According to BERNAMA News Agency, Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, stated that the legal standards required in criminal and civil cases are distinct. In criminal proceedings, the accused’s guilt must be demonstrated beyond a reasonable doubt, whereas civil cases are determined on the balance of probabilities. He emphasized that if a party in a civil case wishes to use a criminal court’s decision as evidence, they must provide additional materials to support that decision.

During the submission at the hearing of SRC’s USD1.18 billion civil suit against Najib and former SRC CEO Nik Faisal Ariff Kamil, Muhammad Shafee highlighted that civil courts are not restricted from considering materials that corroborate or contest a criminal court’s decision. He explained that documents unfavorable to the accused in a criminal trial are often contested, whereas in civil trials, he would challenge documents that lack provenance, history, or originality, as they could impact the case’s outcome.

The hearing, presided over by Judge Datuk Ahmad Fairuz Zainol Abidin, will continue tomorrow. The legal action, initiated in 2021, pertains to a RM4 billion loan from KWAP to SRC, disbursed in two tranches between 2011 and 2012. SRC seeks a court declaration holding Najib accountable for the company’s USD1.18 billion losses due to alleged breaches of duty and trust, and demands compensation of USD120 million from Najib and USD2 million from Nik Faisal.

Najib is currently imprisoned at Kajang Prison for the misappropriation of RM42 million from SRC International.