KUALA LUMPUR: Datuk Seri Najib Tun 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 deliver its verdict.

Checks at the court's cause list today showed that the hearing has been fixed for Dec 7.

The matter was also confirmed by Najib's lead counsel Tan Sri Muhammad Shafee Abdullah and deputy public prosecutor Datuk V. Sithambaran when contacted by Bernama today.

Filed on Dec 1, Najib is applying for the Appeals Court 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, as well as evidence of any other witness in relation to the case.

In an affidavit filed in support of his application, Najib, 68, said, the application has 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 the MACC's press release dated Nov 19 this year, on the recovery of fund assets of 1Malaysia Development Berhad (1MDB) inter alia from Singapore, whereby the Government of Singapore had repatriated a sum of US$15.4 million to Malaysia relating to an account of Cutting-Edge Industries Ltd (CEIL) owned by Datuk Dr Tawfiq Ayman, the husband of former Bank Negara Malaysia (BNM) governor Tan Sri Dr Zeti Akhtar Aziz.

He added that in October and December 2020, articles were published by an online news portal that 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 Jan 20 2021, his solicitors had written to the Monetary Authority Singapore and Singapore Commercial Affairs Department (CAD) to obtain verification and documentation relating to the accounts of CEIL, Iron Rhapsdoy Ltd, Jho Low as well 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 his solicitor's requests and he was also unable to obtain the evidence which has now been credibly verified via the MACC's press statement dated Nov 19 this year.

On Nov 23, the Appeals Court had fixed Dec 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 Appeals Court rejected Najib's application.

-- BERNAMA