Lawyer Hasnal Rezua Merican Habib Merican said evidence from both men was essential to corroborate the testimony of former SRC director Suboh Yassin.

Without their evidence, he said, Suboh’s account should be deemed inadmissible.

“Nik Faisal must be here to fortify and confirm Suboh’s claims about Najib. There’s no evidence showing why he wasn’t called.

“Although there were rumours about his whereabouts, no effort was made to explain the failure to produce him (as a witness),” he said in his closing submission.

He said Najib was also not called, without any explanation being offered, despite his alleged role as SRC’s shadow director.

“Everyone knows where Najib is. He’s in custody, he can’t run around. He is a very important witness for the plaintiff. Why wasn’t he called?” he said.

Hasnal said Najib’s testimony was crucial on several fronts, including clarifying Suboh’s account of a slush fund, determining whether Najib acted as SRC’s shadow director, and assessing the extent of his control over the company.

He also submitted that officers from the finance ministry who allegedly uncovered Nik Faisal’s misconduct should have been called to testify, and that documents relating to the investigation ought to have been tendered as evidence in court.

He was submitting in a suit filed by SRC and its subsidiaries, Jendela Pinggiran Sdn Bhd and Gandingan Mentari Sdn Bhd, to recover RM16 million and RM3.5 million from Umno and its Selangor chapter, respectively.

Suboh, who also sat on the boards of the two subsidiaries, previously testified that Najib had bypassed protocols and did not consult the board when exercising his authority.

He claimed to have signed four blank cheques as director of Jendela Pinggiran, resulting in the disbursement of RM19.5 million.

He said Nik Faisal, the co-signatory, never informed him that the funds were going to Umno.

In reply, SRC’s lawyer, Razlan Hadri Zulkifli, submitted that the presence of Najib and Nik Faisal was unnecessary.

“I can prove my case without calling them,” he said, adding that Suboh’s testimony as co-director was sufficient.

He said Suboh had confirmed that Gandingan Mentari was “run in such a way that it was indeed a slush fund”.

Justice Raja Ahmad Mohzanuddin Shah Raja Mohzan will deliver his decision on Oct 24.