Federal Court dismisses Najib’s bid to adduce fresh evidence

The Federal Court has dismissed Najib Razak’s application to adduce fresh evidence in his final appeal to prove that judge Nazlan Ghazali was under a serious conflict of interests when presiding over the SRC International trial two years ago.

(FMT) – Chief Justice Tengku Maimun Tuan Mat said the application to adduce additional evidence 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 ought to have recused himself from presiding over the trial as he was involved in deliberations and decision-making involved 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.

Nazlan was Maybank’s group general counsel and company secretary at the material time.

Najib’s motion sought that oral testimony be taken from former 1MDB CEO Shahrol Azral Ibrahim Halmi, SRC case investigating officer Rosli Hussein and three Malaysian Anti-Corruption Commission officers (Zamri Zainul Abidin, Asrul Ridzuan Ahmad Rustami, Noor Syazana Kamin) who recorded statements from Nazlan during an investigation earlier this year

In July 2020, Najib was convicted on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC International 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 is released on bail pending his final appeal before the Federal Court.