Apex court dismisses Najib’s attempt to introduce new evidence in SRC graft case

KUALA LUMPUR, March 16 — Datuk Seri Najib Razak’s attempt to introduce additional evidence in his RM42 million SRC International corruption appeal has been shut down by Chief Justice Datuk Seri Utama Tengku Maimun Tuan Mat and four other top judges. 

In a report by MalaysiaKini, the five-person Federal Court bench unanimously dismissed Najib’s attempt to introduce new evidence, like former Bank Negara Malaysia (BNM) governor Tan Sri Zeti Akhtar Aziz’s family’s banking information. 

Alongside Tengku Maimun was Court of Appeal president Tan Sri Rohana Yusuf, Chief Judge of Malaya Tan Sri Azahar Mohamed, Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Seri Mohd Zawawi Salleh.

On December 7 last year, Najib appealed against the Court of Appeal’s decision that dismissed the former prime minister’s application to adduce additional evidence. 

The next day, the Court of Appeal dismissed his main appeal to quash his conviction as well as a 12-year jail term and RM210 million fine over the SRC graft case.

Tengku Maimun had ruled during open court proceedings today that the appeal lacked merit as the alleged fresh evidence has no relevance to Najib’s knowledge of the RM42 million, which is the main issue in the SRC case. 

She ruled that Najib’s application does not abide by the requirement that the evidence was not available at the time of the SRC trial before the High Court.

“The evidence sought to be adduced relates to another case namely (Najib’s RM2.28 billion separate) 1MDB trial, and not to the present case (Najib’s appeal in the RM42 million SRC case),” Maimun said.

“We do not see how the sought evidence is relevant to the issue of knowledge,” she said, pointing out that the application was too wide in its scope of the evidence.

She said that the affidavit in support of the additional evidence bid did not state the rationale or which specific fact linked to the prospective witnesses with the purported fresh evidence.

“The witnesses (such as Zeti) were made available by (the prosecution at the start of the defence stage of Najib’s SRC trial), but the appellant (Najib) declined to call (the witnesses),” Maimun said.

Tengku Maimun also pointed out that contrary to submissions from Najib’s lawyers, the Court of Appeal had given a fair hearing before dismissing the additional evidence bid. 

She also said that the judiciary is empowered under Section 15A of the Courts of Judicature Act to direct proceedings to be carried out via hybrid hearing incorporating both zoom and on-site hearing, adding that this provision was tailor-made for situations where a legal team is put under quarantine for testing Covid-19 positive or come in close contact with someone who is positive.

She also noted legal teams under quarantine can access court documents using modern technology, adding that Najib’s lawyers and the prosecution team were each given an hour each to submit on December 7 last year. 

“It was the appellant (Najib) who filed (additional evidence application) so close to the decision date (December 8, 2021) on the substantive appeal.

“The appellant was not deprived of the right to be heard or denied a fair trial,” she said, adding that on a whole the Court of Appeal has rightly concluded there was no merit in Najib’s additional evidence application.