Najib’s lawyers submit additional evidence allegedly withheld from defence
The alleged fresh evidence in the RM42 million SRC International corruption case was kept from Najib Abdul Razak, the apex court heard.
The former prime minister’s lead defence counsel Hisyam Teh Poh Teik submitted that the evidence relating to trial judge Mohd Nazlan Mohd Ghazali’s purported conflict of interest was not made available to them during the criminal trial.
The lawyer pointed out that if not for the anonymous envelopes sent to Najib between May 9 and July 7 - allegedly containing the fresh evidence - then the defence team would not have been aware of its existence.
Hisyam told the Federal Court that the former finance minister was at the time unaware of Nazlan’s alleged knowledge and involvement in the establishment of SRC through his (Nazlan) then position as general counsel of Maybank Investment.
The defence counsel contended that Najib's situation thus fulfilled the requirement under Section 93 of the Courts of Judicature Act 1964.
Lawyer Hisyam Teh Poh Teik
Section 93(1) states: "In dealing with any appeal in a criminal case the Federal Court may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the High Court."
Section 93(2) lays out that "When the additional evidence is taken by the High Court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Federal Court, and the Federal Court shall thereupon proceed to dispose of the appeal.”
Proceedings before the five-person apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat will resume this afternoon.
The other bench members are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, Federal Court judges P Nallini, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah.
The Federal Court was hearing the application by Najib’s legal team to adduce fresh evidence, as part of a larger bid to nullify his conviction and sentencing in the case.
In the event the apex court dismisses the new evidence bid, it will proceed to hear Najib’s main SRC appeal that seeks to quash his conviction for one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering counts involving RM42 million of funds from SRC.
The appellant also seeks to overturn his 12-year jail sentence and RM210 million fine.
Conflict of interest claims
The basis of Najib’s fresh evidence bid was that High Court judge Nazlan was alleged to have a conflict of interest due to his previous tenure as general counsel at Maybank.
The allegation centred on the commercial bank’s purported role in the formation of SRC as well as a loan to sovereign wealth fund 1MDB.
Section 93(1) states: "In dealing with any appeal in a criminal case the Federal Court may, if it thinks additional evidence to be necessary, either take such evidence itself or direct it to be taken by the High Court."
Section 93(2) lays out that "When the additional evidence is taken by the High Court, it shall certify the evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Federal Court, and the Federal Court shall thereupon proceed to dispose of the appeal.”
Proceedings before the five-person apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat will resume this afternoon.
The other bench members are Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, Federal Court judges P Nallini, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah.
The Federal Court was hearing the application by Najib’s legal team to adduce fresh evidence, as part of a larger bid to nullify his conviction and sentencing in the case.
In the event the apex court dismisses the new evidence bid, it will proceed to hear Najib’s main SRC appeal that seeks to quash his conviction for one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering counts involving RM42 million of funds from SRC.
The appellant also seeks to overturn his 12-year jail sentence and RM210 million fine.
Conflict of interest claims
The basis of Najib’s fresh evidence bid was that High Court judge Nazlan was alleged to have a conflict of interest due to his previous tenure as general counsel at Maybank.
The allegation centred on the commercial bank’s purported role in the formation of SRC as well as a loan to sovereign wealth fund 1MDB.
Judge Mohd Nazlan Mohd Ghazali
Despite having officially withdrawn his bribery claims against Nazlan, the former premier stuck to his guns over the purported conflict of interest against Nazlan.
The Federal Court has set nine days from today to hear Najib’s appeal of his conviction from today to Aug 19 and Aug 23 to 26.
On July 28, 2020, the Kuala Lumpur High Court found Najib guilty of the seven criminal charges.
Having meted out the sentence, Nazlan however allowed the defence’s bid for a stay of execution pending disposal of the appeal process. Nazlan has since been elevated to the Court of Appeal.
On Dec 8 last year, the Court of Appeal upheld the lower court’s guilty verdict.
Previously a subsidiary of 1MDB, SRC later became fully owned by the Minister of Finance Corporation (MOF Corp). MOF Inc also fully owns 1MDB.
Najib used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers.
Despite having officially withdrawn his bribery claims against Nazlan, the former premier stuck to his guns over the purported conflict of interest against Nazlan.
The Federal Court has set nine days from today to hear Najib’s appeal of his conviction from today to Aug 19 and Aug 23 to 26.
On July 28, 2020, the Kuala Lumpur High Court found Najib guilty of the seven criminal charges.
Having meted out the sentence, Nazlan however allowed the defence’s bid for a stay of execution pending disposal of the appeal process. Nazlan has since been elevated to the Court of Appeal.
On Dec 8 last year, the Court of Appeal upheld the lower court’s guilty verdict.
Previously a subsidiary of 1MDB, SRC later became fully owned by the Minister of Finance Corporation (MOF Corp). MOF Inc also fully owns 1MDB.
Najib used to be SRC’s adviser emeritus and chairperson of 1MDB’s board of advisers.
The "evidence" is "I am reliably informed by my source (Raja Petra Kamaruddin) that the MACC investigating officer told him that the Judge is corrupt".
ReplyDeleteDoes that make it Real evidence that the court has to consider ?