SRC case: Najib files application to adduce further evidence to nullify trial

Najib's lead counsel Tan Sri Muhammed Shafee Abdullah said the evidence sought to be adduced relates to the recent discovery that the trial judge Datuk Mohd Nazlan Mohd Ghazali in 2006 was the general counsel and company secretary for the Maybank Group who had the ultimate overall responsibility for the management and administration of all legal departments within the entire group.

"The further evidence sought to be adduced taken cumulatively credibly confirms that Justice Nazlan was involved and/or had knowledge of Maybank Investment's role in advising the setting up of SRC in his role as the general counsel and company secretary to Maybank.

"Justice Nazlan, by virtue of his position and assignment of functions would have to be responsible in the overall handling of all legal matters within the group. Maybank Group would include Maybank Investment and Bina Fikir Sdn Bhd.

"In any case, Justice Nazlan would have actual knowledge of the relevant advisory work vis-a-vis SRC matters or at the minimum he is imputed with constructive knowledge by virtue of his said position," he said in a press conference here today.

Muhammad Shafee said some documents which have recently been brought to their attention divulged that Maybank Investment Bank Bhd was the body responsible to propose the establishment of SRC International and that Maybank Investment through its wholly-owned strategic advisory division, Bina Fikir, was tasked with the research and advisory matter pertaining to the establishment of SRC.

"The involvement of Maybank through Maybank Investment and Bina Fikir in the setting up of SRC was never brought up by the prosecution at any point of the SRC trial and no witness from Maybank, Maybank Investment and Bina Fikir Sdn Bhd was called or offered by the prosecution," he said.

On April 29, the Federal Court fixed 10 days in August to hear Najib's final bid against his conviction and jail sentence for misappropriation of RM42 million in SRC International funds.

On Dec 8, 2021, the Court of Appeal upheld Najib's conviction and the 12-year jail sentence and the RM210 million fine for misappropriating RM42 million belonging to SRC International.

Judge Datuk Abdul Karim Abdul Jalil, who presided with Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera, unanimously dismissed Najib's appeal against the High Court's decision on July 28, 2020.

The Federal Court would be the final avenue for the Pekan MP to appeal against his sentence and conviction involving the SRC International case.