THE Kuala Lumpur Sessions Court today granted a discharge not amounting to an acquittal to three parties, including a witness in Najib Razak’s SRC International Sdn Bhd trial, for failure to declare financial statements for 2017.

Justice Manira Mohd Nor allowed the prosecution to withdraw its case after being informed by prosecuting officer Fazarul Mohd Ezhar that the Companies Commission of Malaysia (CCM) is unable to track down former SRC International director Suboh Md Yassin to deliver its summons.

Suboh was the 42nd prosecution witness in the trial, in which former prime minister Najib faces seven charges.

CCM has also been unable to deliver summonses to former SRC International CEO Nik Faisal Ariff Kamil and the company’s subsidiary, Gandingan Mentari Sdn Bhd.

The court was told that attempts to serve the summonses had failed. The summonses, involving an offence under the Companies Act 1965, do not amount to a criminal matter, and may result in a fine.

Nik Faisal, a central figure in the yet-to-conclude SRC International trial, is believed to be in Indonesia, according to media reports.

During the SRC International hearing, the 68-year-old Suboh said he fled to Bangkok, Thailand, with his wife after news broke in mid-2015 of financial misappropriation at 1Malaysia Development Bhd.

He testified that in November 2015, he travelled to Abu Dhabi, where he was questioned by the Malaysian Anti-Corruption Commission. Questioned at the same hotel was Low Taek Jho, the trial heard.

Najib’s charges in the trial relate to RM4 billion in loans issued to SRC International in 2011 and 2012, from which he is accused of receiving RM42 million in his personal accounts in 2014 and 2015.

He faces three counts of criminal breach of trust, three counts of money-laundering and one count of power abuse.

The trial began on April 3, and the prosecution concluded its case on August 27 after calling 57 witnesses. The Kuala Lumpur High Court will decide on November 11 whether Najib is required to enter his defence.

Should this be the case, the hearing will continue on December 3, with the defence calling its witnesses. – October 4, 2019.