Just days before SRC appeal decision, Najib asks court to take new evidence from MACC chief, investigator
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Datuk Seri Najib Razak arrives at the Kuala Lumpur High Court Sept 7, 2021. — Picture by SHafwan Zaidon
KUALA LUMPUR, Dec 2 — Former prime minister Datuk Seri Najib Razak has asked the Court of Appeal to allow new evidence to be included in his appeal against his conviction, fine and jail sentence for misappropriating RM42 million from former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd.
Najib’s application was filed yesterday, or just seven days before the Court of Appeal was scheduled to decide his appeal on December 8.
Based on court documents sighted by Malay Mail, Najib is applying for the Court of Appeal to allow and to direct for viva voce evidence to be taken from Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Azam Baki, or essentially for the anti-corruption chief to be asked to give oral evidence in relation to the SRC case.
Najib is also applying for further oral evidence to be taken from MACC investigating officer Rosli Hussein in the SRC case.
Azam has not testified in the SRC case, while Rosli previously testified as a witness in court in the SRC case.
In an affidavit filed in support of his application, Najib said the viva voce evidence should be taken from the two MACC officers and to be included in his appeal in the SRC case, adding that he believed that their additional evidence would be necessary in the interest of justice.
In his affidavit, Najib also commented on the timing of his application to ask for new evidence to be added to the SRC appeal, claiming that he had filed it without delay as soon as he could.
Najib also asked for the Court of Appeal to decide on this application before delivering its decision on his appeal against the SRC conviction.
“I profusely apologise to this honourable court for any inconvenience occasioned, and I seek for this application to be heard at the earliest date possible, in any case prior to this court rendering any judgment, to prevent any delay towards the judicial process in the appeals,” he said in the affidavit.
Malay Mail has confirmed with the prosecution team that the application was filed by Najib yesterday.
The judiciary had on November 23 announced that the Court of Appeal would deliver its decision on Najib’s SRC appeal on December 8.
KUALA LUMPUR, Dec 2 — Former prime minister Datuk Seri Najib Razak has asked the Court of Appeal to allow new evidence to be included in his appeal against his conviction, fine and jail sentence for misappropriating RM42 million from former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd.
Najib’s application was filed yesterday, or just seven days before the Court of Appeal was scheduled to decide his appeal on December 8.
Based on court documents sighted by Malay Mail, Najib is applying for the Court of Appeal to allow and to direct for viva voce evidence to be taken from Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Azam Baki, or essentially for the anti-corruption chief to be asked to give oral evidence in relation to the SRC case.
Najib is also applying for further oral evidence to be taken from MACC investigating officer Rosli Hussein in the SRC case.
Azam has not testified in the SRC case, while Rosli previously testified as a witness in court in the SRC case.
In an affidavit filed in support of his application, Najib said the viva voce evidence should be taken from the two MACC officers and to be included in his appeal in the SRC case, adding that he believed that their additional evidence would be necessary in the interest of justice.
In his affidavit, Najib also commented on the timing of his application to ask for new evidence to be added to the SRC appeal, claiming that he had filed it without delay as soon as he could.
Najib also asked for the Court of Appeal to decide on this application before delivering its decision on his appeal against the SRC conviction.
“I profusely apologise to this honourable court for any inconvenience occasioned, and I seek for this application to be heard at the earliest date possible, in any case prior to this court rendering any judgment, to prevent any delay towards the judicial process in the appeals,” he said in the affidavit.
Malay Mail has confirmed with the prosecution team that the application was filed by Najib yesterday.
The judiciary had on November 23 announced that the Court of Appeal would deliver its decision on Najib’s SRC appeal on December 8.
MORE TO COME
Adam Baki was appointed MACC Head in March 2020.
ReplyDeleteThe bar for submitting new testimony from someone who was not an office holder during the period of investigations is very high.
This is the Court of Appeals, not the High Court, and it is not the function of the Court of Appeals to retry a case.
Not a lawyer but I suspect Najib will manage to have the latest information to be included for the Appellate Court to digest.
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