PUTRAJAYA, June 30 — Former prime minister Datuk Seri Najib Razak intends to reply to the prosecution’s affidavit that objected to his application to adduce additional evidence in his SRC International Sdn Bhd case.
Deputy public prosecutor, Mohd Ashrof Adrin Kamarul told the media that Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah informed the court that he wanted to respond to the prosecution’s affidavit and the court gave until July 14 for him to file the affidavit-in-reply. “The prosecution has the right to reply with further affidavit by July 21 and Najib will have a final reply by July 28,” he said.
Following this, the Federal Court set July 29 for another case management.
Najib had filed the case in his bid to nullify the trial which saw him convicted, given a jail term of 12 years and fined RM210 million.
A case management was held today before Federal Court deputy registrar, Siti Hajar Mustaffa via Zoom in the presence of Najib’s lawyers, Muhammad Shafee Abdullah and Nur Syafiqah Mohd Sofian as well as deputy public prosecutors, Datuk V Sithambaram and Mohd Ashrof who appeared for the prosecution.
The additional evidence Najib seeks to adduce relates to the recent discovery that the trial judge, Datuk Mohd Nazlan Mohd Ghazali in 2006 was the general counsel and company secretary for the Maybank Group.
At a press conference on June 7, Muhammad Shafee said Mohd Nazlan had failed to disclose that he was the general counsel and company secretary for the Maybank Group, which was responsible for proposing the establishment of SRC International.
In his supporting affidavit, Najib said the fact that Mohd Nazlan knew of his personal involvement in the setting up of SRC International but concealed it from the defence, amounted to a conflict of interest which had led to a real danger of bias.
Meanwhile, the prosecution, through Mohd Ashrof, filed an affidavit-in-reply yesterday, objecting to Najib’s application saying that Mohd Nazlan’s involvement was irrelevant to the SRC International case against Najib but had more to do with his separate ongoing RM2.3 billion in 1Malaysia Development Bhd (IMDB) funds trial.
He further said Mohd Nazlan’s role in the said bank was public knowledge and known to the applicant at all material times, including during the commencement and continuance of the trial as shown by the public documents and documents in Najib’s possession.
On July 28, 2020, Justice Mohd Nazlan, the then High Court judge (now Court of Appeal judge ) found Najib guilty of seven charges of misappropriating RM42 million of SRC International funds and sentenced the Pekan Member of Parliament to 12 years in jail and fined him RM210 million.
Najib lost his appeals in the Court of Appeal which were dismissed on December 8, last year by a three-member panel led by Justice Datuk Abdul Karim Abdul Jalil, prompting him to appeal to the Federal Court.
The Federal Court has fixed 10 days beginning August 15 to hear Najib’s final appeal against his conviction and jail sentence and fine. — Bernama