Malaysia
Zahid suggests Federal Court denial of Najib’s bid to adduce evidence in SRC International appeal could tarnish judiciary’s image
Datuk Seri Najib Razak arrives at the Palace of Justice in Putrajaya August 18, 2022. — Picture by Shafwan Zaidon

KUALA LUMPUR, Aug 18 — The Federal Court's rejection of Datuk Seri Najib Razak's bid to present purported fresh evidence in his corruption conviction appeal could tarnish the judiciary's image, according to Umno president Datuk Seri Ahmad Zahid Hamidi.

Zahid said the top court decision was disheartening and yesterday sought to rally Umno members to stand in solidarity behind their convicted Pekan MP Najib.

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A five-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat unanimously dismissed Najib’s attempt to introduce evidence in his final appeal against his conviction of misappropriating funds from SRC International Sdn Bhd, which purports that trial judge Datuk Mohd Nazlan Mohd Ghazali’s involvement in the trial was a conflict of interest.

"Without wanting to interfere with the judiciary, Umno is disheartened by the Federal Court's rejection of Datuk Seri Mohd Najib Abdul Razak's bid to adduce additional evidence that involves Datuk Mohd Nazlan Mohd Ghazali,” Zahid said in a statement on his Facebook page last night.

"Umno views seriously the revelation that Judge Datuk Mohd Nazlan Mohd Ghazali was allegedly involved in the formation of SRC International Sdn Bhd when he was also the judge that sentenced Datuk Seri Najib Razak with regards to the same company,” he added.

Through the supposed additional evidence, Najib had sought a fresh trial.

But Tengku Maimun ruled that Najib’s application lacked merit as the evidence his new defence team claimed was not available previously has no relevance to the former prime minister’s knowledge of the RM42 million, which is the main issue in the SRC International case.

The purported additional evidence comprises documentary and viva voce (oral) evidence of certain witnesses that seeks to establish the fact of conflict or bias on the part of Justice Nazlan's role in Maybank Group of Companies circa the time material to the seven charges against Najib.

Zahid, in suggesting that the ruling is wrong, said the call ignored the international ethical standards that require a sitting judge to be free of any link to the tried case.

"It has become a general ethical practice for the judiciary worldwide that a judge overseeing a case found to have conflict of interest whether while or before becoming a judge must recuse himself, what more presiding over the trial,” he said.

"It would be more grave if there is an attempt to hide facts that concern the conflict of interest from the onset. All this can corrode the integrity of the judiciary that is supposed to be the bastion of the law.”

Last December, the Court of Appeal upheld the High Court’s July 2020 verdict and sentence of 12 years in prison and a fine of RM210 million.

The case is now at the Federal Court and it is Najib’s last chance to convince the judges his conviction and punishment should be overturned.

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