KUALA LUMPUR – Datuk Seri Najib Razak’s application to allow new evidence to be adduced in his appeal over his 12 years’ jail sentence and a fine of RM210 million for misappropriating RM42 million SRC International Sdn Bhd funds will be heard a day before the Court of Appeal delivers its verdict.
Checks at the court’s cause list today showed that the hearing has been fixed for December 7.
The matter was also confirmed by Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah and deputy public prosecutor Datuk V. Sithambaram today.
Filed on December 1, Najib’s application for the appeal court is to allow and to direct for viva voce evidence to be taken from Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Azam Baki; MACC investigating officer Rosli Hussein, who was the 57th prosecution witness in the SRC case; and evidence of any other witnesses in relation to the case.
In an affidavit filed in support of his application, Najib, 68, said, the application had been made by him without delay as soon as he was made aware of and was able to accumulate all the necessary information and documents.
Najib claimed that such information was not available or could not be obtained during his SRC trial at the high court and when the Court of Appeal previously heard the appeal, hence he is seeking the Court of Appeal to decide on this application before delivering its decision.
Najib stated that he made the application following MACC’s press release dated November 19 this year on the recovery of fund assets of 1Malaysia Development Bhd (1MDB) inter alia from Singapore, whereby the city-state’s government had repatriated a sum of US$15.4 million to Malaysia relating to an account of Cutting Edge Industries Ltd (CEIL) owned by Datuk Tawfiq Ayman, the husband of former Bank Negara Malaysia governor Tan Sri Dr Zeti Akhtar Aziz.
He added that in October and December 2020, articles published by an online news portal reported that Zeti and her family had received millions of dollars from fugitive businessman Low Taek Jho, or Jho Low, including funds linked to 1MDB.
Najib claimed that on January 20, 2021, his solicitors had written to the Monetary Authority of Singapore and Singapore Commercial Affairs Department (CAD) to obtain verification and documentation relating to the accounts of CEIL, Iron Rhapsody Ltd, Jho Low, Nik Faisal Ariff Kamil (former chief executive officer of SRC) and the legal proceedings taken towards seizure of properties belonging to them.
Najib said on March 24 this year, his solicitors received an email from an officer of the CAD declining the former’s requests and he was also unable to obtain the evidence that has now been credibly verified via MACC’s press statement dated November 19.
On November 23, the Court of Appeal had fixed December 8 for decision and on the same day, Najib had applied to the court to vacate the decision date, due to the fact that he would be in Singapore until Dec 5.
However, on the next day, the Court of Appeal rejected Najib’s application. – Bernama, December 3, 2021
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