[UPDATED] Court rejects Najib’s bid to adduce fresh evidence in SRC case

PUTRAJAYA – The Federal Court has dismissed former prime minister Datuk Seri Najib Razak’s appeal to adduce fresh evidence in his attempt to overturn his conviction in the RM42 million SRC International Sdn Bhd corruption case. 

A panel of five judges, led by Chief Justice Tun Tengku Maimun Tuan Mat, delivered the unanimous decision during the hearing in the Palace of Justice this afternoon. 

The other judges presiding on the bench were Court of Appeal president Tan Sri Rohana Yusuf, Chief Judge of Malaya Tan Sri Azahar Mohamed, Chief Judge Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court Judge Datuk Seri Mohd Zawawi Salleh. 

Delivering the judgment, Tengku Maimun said the panel of judges found that the Court of Appeal was correct to find that the fresh evidence application was of no merit. 

“We find that the fresh evidence application did not comply with the legal requirements, and they are, as such, without merit. 

“We find that the Court of Appeal was correct in its decision that the fresh evidence application was of no merit. We do not find any appealable error. 

“In this consensus, this appeal is hereby dismissed,” she said.

Najib, 68, made the application following the Malaysian Anti-Corruption Commission’s (MACC) press release last November 19, on the recovery of fund assets of 1Malaysia Development Bhd (1MDB) inter alia from Singapore, whereby the Singapore government had repatriated US$15.4 million (RM64.65 million) to Malaysia relating to an account of Cutting-Edge Industries Ltd owner Datuk Tawfiq Ayman.

Tawfiq is the husband of former Bank Negara Malaysia governor Tan Sri Zeti Akhtar Aziz.

Najib claimed that the evidence was not available during the SRC criminal trial before the Kuala Lumpur High Court and that the new evidence is “materially relevant” to the issues linked to the case.

The Pekan MP, who is free on a RM2 million bail, was seeking to include new evidence and wanted to call MACC chief Tan Sri Azam Baki and SRC International investigating officer Rosli Hussein to testify.

In this afternoon’s proceeding, Tengku Maimun also agreed with the prosecution that the application was couched too widely and failed to specify the certainty of the type of evidence to be adduced.

She added that the affidavit in support and further affidavit in support of the motions did not specify the rationale for calling these witnesses or to what fact exactly they would testify on.

“We are satisfied that the Court of Appeal in dismissing the applications had exercised its discretion in accordance with established principles of the law.

“In any event, we find that the witnesses were available during trial and in fact were offered by the respondent (public prosecutors) for cross-examination and interview.

“The appellant (Najib), however, declined to exercise those options.”

Tengku Maimun added that the appellate court had given a fair hearing to Najib’s appeal before dismissing it, as opposed to what has been claimed by his defence team.

This, she said, is after the panel had taken the liberty to examine the court recording transcription (CRT), which revealed that the defence counsel was given sufficient time to submit the application to adduce fresh evidence and address the court last December.

“To be exact, from the CRT, it is apparent that the learned counsel for the appellant was given one hour and 22 minutes to submit while on the other hand, the learned public prosecutor was given 63 minutes,” she said.

“We note that the appellant’s one hour and 22 minutes was spent for submission in reply. This is because Tan Sri Mohamed Shafee Abdullah declined the Court of Appeal’s invitation to submit at the outset.

“We, therefore, find the appellant suffered no prejudice and was not denied the right to be heard.”

She added that Najib’s lawyers filed the application at the eleventh hour on December 2, and were still filing reply submissions on the day before the Court of Appeal hearing of the additional evidence appeal.

In yesterday’s proceeding, Shafee alleged that the Court of Appeal did not grant his client a fair hearing when it denied Najib’s lawyers request to postpone the December 7 hearing as the former was tested positive for Covid-19 at that time.

In July 2020, Najib was found guilty of all seven charges of abuse of power, criminal breach of trust, and money laundering in the SRC case.

He was sentenced to 12 years in prison and fined RM210 million for committing the offence.

Last December, the Court of Appeal upheld the decision with judge Datuk Abdul Karim Abdul Jalil, pointing out that Najib’s actions on the RM4 billion loan to SRC International were not for national interest but for personal benefit.

Karim said that it had resulted in no national interest, but rather a national embarrassment.

Najib is still appealing the decision at the Federal Court. – The Vibes, March 16, 2022