Dec 7 hearing for Najib’s bid to adduce new evidence in SRC International appeal

(FMT) – The Court of Appeal will hear on Dec 7 Najib Razak’s application to adduce fresh evidence in his appeal to overturn his conviction in the RM42 million SRC International case.

A notice sighted by FMT revealed the proceedings will begin at 9am.

It is understood that the prosecution, which is named as the respondent to the application, will be filing an affidavit in response to Najib’s allegations.

The application will be heard on the eve of the scheduled announcement by a three-member bench, led by Abdul Karim Abdul Jalil, on the outcome of the SRC appeal.

This followed a 15-day submission by Najib’s lawyers and the prosecution in April and May.

On Wednesday, Najib filed a notice of motion in the Court of Appeal to bring up evidence from Malaysian Anti-Corruption Commission (MACC) chief Azam Baki and SRC investigating officer Rosli Hussein or others deemed fit by the court.

In his affidavit in support of the motion, Najib said he was filing the motion as all issues raised in the High Court and Court of Appeal had not been fully determined and that it was within the interest of justice that he obtain a fair trial by producing all evidence.

He said the MACC had, on Nov 19, confirmed that RM65 million of 1MDB-linked funds were recovered from Cutting Edge Industries, a company in Singapore controlled by Tawfiq Ayman and his business partner, Samuel Goh.

Tawfiq is the husband of former Bank Negara Malaysia (BNM) governor Zeti Akhtar Aziz.

It was reported earlier this year that Iron Rhapsody, owned by Tawfiq and his son, received a total of RM66 million from companies and bank accounts linked to fugitive financier Low Taek Jho, or Jho Low, who is at the centre of the 1MDB scandal.

Singapore police were also reported to have informed BNM in 2015 and 2016 of these suspicious transactions involving companies owned by Tawfiq, with the funds coming from accounts linked to Low. Zeti was the BNM governor at the time.

Najib said the additional evidence from Azam and Rosli needed to be taken as it was not available during the trial.

“I believe it was suppressed by the respondent (public prosecutor) and the relevant investigating agencies, including BNM, MACC and the special task force, to prejudice my fair trial for political reasons,” he said.

Najib is appealing to quash his conviction on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC International funds.

In July last year, High Court judge Mohd Nazlan Mohd Ghazali sentenced him to 12 years’ jail and fined him RM210 million after finding him guilty on all seven charges.

Najib was accused of abusing his power as the prime minister by giving government guarantees on SRC International’s RM4 billion loan from Retirement Fund Inc (KWAP).

He was also slapped with three counts of CBT and three money laundering charges in relation to RM42 million belonging to SRC International, a former unit of 1MDB.