PUTRAJAYA: The Federal Court today was told that there is no evidential link between money received by Datuk Dr Tawfiq Ayman from 1Malaysia Development Berhad (1MDB) in 2008 and SRC International Sdn Bhd monies found in Datuk Seri Najib Tun Razak's bank accounts.
Ad-hoc prosecutor Datuk V. Sithambaram said, in fact, SRC did not even exist the time Tawfiq received money from the sovereign wealth fund in 2008. Tawfiq is the husband of former Bank Negara Malaysia (BNM) Governor, Tan Sri Dr Zeti Akhtar Aziz
He was submitting before Chief Justice Tengku Maimun Tuan Mat, who presided over the former premier's appeal to adduce new evidence in relation to his SRC case.
"My Lord, now they (defence) are saying that the money Zeti's husband received in 2008 somehow is connected with the money he (Najib) received in 2014. SRC did not even exist at that point of time.
"It is clear that the monies involved belong to 1MDB. The whole chain of events has nothing to do with SRC monies or in any way related to charges faced by the appellant (Najib). What has Zeti, and her husband have to do with this case," said Sithambaram.
"The cumulative evidence does not remotely suggest that the money received by Zeti's husband, her two sons had anything to do with SRC, its failed purpose and the scheme to siphon money from SRC. The whole "cumulative evidence", if proven is a separate and independent offence unrelated whatsoever with the charge against the appellant at the trial," said Sithambaram.
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.
Earlier, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah submitted that his client ought to be given a retrial at the Court of Appeal and for his application to admit further evidence be heard before a different panel for determination.
He said this was because, the previous panel chaired by Justice Datuk Abdul Karim Abdul Jalil, comprising Justices Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera were influenced in shutting their minds from hearing this application in December last year.
"In the upshot, we respectfully submit that the hybrid hearing on Dec 7, 2021 of the appellant's application to adduce new evidence before the Court of Appeal is, therefore, null and void, on the basis of serious infringement of the appellant's constitutionally guaranteed right to a fair trial," said the lawyer.
At this juncture, Justice Tengku Maimun asked Sithambaram if Najib was given the right hearing, to which, the prosecutor replied "My Lord, there was no double treatment...we were treated same".
Najib, 68, made the application following the Malaysian Anti-Corruption Commission's press release last Nov 19, on the recovery of fund assets of 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 Zeti's husband.
On Dec 7, 2021, the Court of Appeal dismissed the Pekan MP's application to adduce new evidence in his appeal, by ruling 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.
On the next day, the same court upheld the conviction and 12-year jail term and RM210 million fine on Najib for misappropriating RM42 million in SRC funds after dismissing Najib's appeal against the KL High Court decision on July 28, 2020.
The hearing of the appeal continues tomorrow.
-- BERNAMA
Bernama
Tue Mar 15 2022
Ad-hoc prosecutor Datuk V. Sithambaram said, in fact, SRC did not even exist the time Tawfiq received money from the 1MDB fund in 2008. - BERNAMA file photo
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.