Najib fails to include fresh evidence, SRC's appeal verdict tomorrow

This follows a decision by a three-member bench led by Justice Datuk Abdul Karim Abdul Jalil in dismissing the former premier's application to allow new evidence to be adduced in his appeal.

In a unanimous decision, Justice Abdul Karim who presided over the hearing with Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera, said the court was of the view that Najib had failed to cumulatively satisfy Section 61 of the Courts of Judicature Act that fresh evidence was required for justice in the case.

"Under the circumstances, we find the additional evidence not necessary for the appeal. There were no exceptional circumstances or exceptional conditions shown for the court to take additional evidence in the appeal.

"Hence, the application is dismissed. The delivery of the decision (on Najib's SRC appeal) tomorrow will proceed as fixed," said Justice Abdul Karim during the online proceeding.

Justice Abdul Karim: I advise Datuk Seri Najib and Tan Sri Muhammad Shafee Abdullah to appear in court or via zoom application at 9 am, tomorrow.

Muhammad Shafee: They (Najib and some defence lawyers) are forbidden to enter the court as they are casual contacts.

Justice Abdul Karim: Yes, that's why I'm giving the option to conduct it online. Can we conduct through online?

Muhammad Shafee: Yes.

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 witnesses in relation to the case.

Najib, 68, made the application following the MACC's press release last Nov 19, 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.

On Nov 23, the Appeals Court fixed Dec 8 for a decision and on the same day, Najib applied to the court to vacate the decision date, due to the fact that he would be in Singapore until Dec 5. However, the Appeals Court rejected Najib's application the next day.

At the outset, Muhammad Shafee argued that Najib was charged in the case right after the 14th General Election while Zeti and her family who might have received over RM42 million from 1MDB were still being investigated by the authorities.

"This clearly shows a lopsided action against Najib," he said and added that the prosecution had been hiding the matter.

Deputy public prosecutor Datuk V. Sithambaram countered that Najib's last-minute application was a 'mala fide' and there was no nexus between the additional evidence sought and the charges against Najib.

"In his application, Najib had asked the court to allow and to direct for viva voce evidence to be taken from Azam Baki, Rosli Hussein as well as evidence from any other witnesses in relation to the case. They didn't mention any other witnesses' names...they will call any number of witnesses...They are actually trying to get a retrial.

"SRC International's funds totalling RM42 million were transferred into the appellant's account, it had nothing to do with BNM or Zeti. Therefore, I'm asking this court to dismiss this application."

Today's hearing was supposed to be conducted in open court, but it was changed to an online proceeding as Justice Abdul Karim had ordered Najib's lawyers to attend it through online after the court was informed that a member of the defence team tested positive for COVID-19.

Najib participated in the online proceeding.

He had filed an appeal against the Kuala Lumpur High Court's decision on July 28 last year, which sentenced him to 12 years' jail and fined him RM210 million after finding him guilty of seven charges involving criminal breach of trust (CBT), money laundering and abuse of position, involving SRC International funds totalling RM42 million.