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.
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.
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. MKINI
King, Queen depart for Turkey on seven-day visit
Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah and Raja Permaisuri Agong Tunku Hajah Azizah Aminah Maimunah Iskandariah left for Turkey on a seven-day visit this morning. — Bernama pic
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Monday, 15 Aug 2022 12:14 PM MYT
KUALA LUMPUR, Aug 15 — The Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah and Raja Permaisuri Agong Tunku Hajah Azizah Aminah Maimunah Iskandariah today left to Turkey for a seven-day state visit.
The special aircraft carrying Their Majesties took off from the Bunga Raya Complex, Kuala Lumpur International Airport (KLIA) here, at about 10am.
Prime Minister Datuk Seri Ismail Sabri Yaakob and his wife, Datin Seri Muhaini Zainal Abidin, were present to send off Their Majesties.
Also present were Foreign Minister Datuk Seri Saifuddin Abdullah, Transport Minister Datuk Seri Dr Wee Ka Siong and Chief Secretary to the Government Tan Sri Mohd Zuki Ali.
Before leaving, Their Majesties were given a Royal Salute by the First Battalion of the Royal Malay Regiment, consisting of four officers and 103 members, accompanied by a 21-cannon shot and the national anthem.
Meanwhile, Comptroller of the Royal Household for Istana Negara Datuk Seri Ahmad Fadil Shamsuddin, in a statement today, said the state visit by Their Majesties was at the invitation of President Recep Tayyip Erdogan.
He said the state visit to Turkey was scheduled for last year, but it was postponed due to the Covid-19 epidemic.
The state visit is the first by Their Majesties since the Covid-19 pandemic, he said, adding that the last state visit by Their Majesties was in August 2019 to Indonesia, “Due to the spread of Covid-19 at the beginning of 2020, the state visit by Their Majesties that were scheduled in 2020 and 2021 had to be postponed,” he said.
Ahmad Fadil said that while in Turkey, Al-Sultan Abdullah is scheduled to meet with Erdogan at the Presidential Palace, Ankara.
Tomorrow, Al-Sultan Abdullah and Tunku Hajah Azizah are scheduled to attend a state banquet hosted by Erdogan at the Presidential Palace, he said.
On Wednesday and Thursday, Their Majesties will have a separate programme in Ankara, before leaving to Istanbul.
While Al-Sultan Abdullah is scheduled to visit the US FNSS Defense Systems on Wednesday, Tunku Hajah Azizah will visit the Goreme Museum in Cappadocia , and on Thursday, Al-Sultan Abdullah and Tunku Hajah Azizah is scheduled to visit the Turkish Aerospace Industrie and the Ankara Advance Technical Institute for Girls, respectively.
However, before leaving Ankara, Their Majesties are scheduled to visit the Diyanet Islamic Library.
In Istanbul, Their Majesties are scheduled to visit the Abu Ayyub al-Ansari Tomb, Sultan Abdul Hamid II Tomb, Hagia Sophia Grand Mosque and Topkapi Palace Museum before meeting the Malaysian diaspora in the evening, On Saturday, Their Majesties are scheduled to visit the Dolmabahce Palace.
According to Ahmad Fadil, the last state visit to Turkey by a Malaysian constitutional monarch was in 1992 by the 9th Yang di-Pertuan Agong Sultan Azlan Muhibbuddin Shah ibni Almarhum Sultan Yussuff Izzuddin Shah Ghafarullahu.
He said the state visit symbolised the importance, closeness and strong bilateral relationship between Malaysia and Turkey which was established since 1964. — Bernama
MKINI / BERNAMA