Federal Court throws out Najib’s bid to cite new evidence in SRC case

PUTRAJAYA, August 16 — The Federal Court today dismissed Najib Razak’s application to adduce fresh evidence in his SRC International case, paving the way for the apex court to begin hearing his final appeal against his conviction and sentence for the misappropriation of RM42 million from the 1MDB-linked unit. 

This was Najib’s final appeal to prove that judge Nazlan Ghazali was under a conflict of interest when presiding over the SRC International trial two years ago.

Chief Justice Tengku Maimun Tuan Mat, who led a five-man bench in hearing Najib’s application, said the additional evidence that he sought to adduce was irrelevant to the case against him, and did not fulfil the requirements of the law.

The other judges who heard Najib’s bid were Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim as well as Federal Court judges Nallini Pathmanathan, Mary Lim and Zabidin Mohd Diah.

In his application, Najib said Nazlan, who was Maybank’s group general counsel and company secretary at the material time, ought to have recused himself from presiding over the trial as he was involved in deliberations and decision-making in the lead up to the formation of SRC as a 1MDB subsidiary and the grant of loan and credit facilities for the benefit of SRC and 1MDB.

Najib’s motion sought that oral testimony be taken from former 1MDB CEO Shahrol Halmi, case investigating officer Rosli Hussein and three Malaysian Anti-Corruption Commission officers, who had recorded statements from Nazlan.

In July 2020, Najib was convicted on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC funds amounting to RM42 million. His conviction was upheld by the Court of Appeal on Dec 8 last year.

The court also upheld Najib’s 12-year jail sentence and RM210 million fine. However, Najib was allowed bail pending his final appeal before the Federal Court.

NMT