KUALA LUMPUR, May 29 — Former prime minister Datuk Seri Najib Razak has filed an application to introduce fresh evidence before the Court of Appeal for his bid to overturn his conviction on all 25 charges of abuse of power and money laundering linked to the 1MDB scandal.
The application was filed by legal firm Shafee & Co last week under Section 61 of the Courts of Judicature Act 1964 and Rule 7A of the Court of Appeal Rules 1994, Free Malaysia Today reported.
In a legal context, “fresh evidence” refers to information discovered after a trial concludes. To be admissible, it must satisfy stringent conditions prescribed in the landmark English case of Ladd v Marshall, proving the evidence was unavailable during the initial trial and is highly relevant to the verdict.
Najib is seeking to introduce evidence concerning fugitive financier Low Taek Jho, better known as Jho Low, and former 1MDB legal counsel Jasmine Loo into his appeal hearing.
When contacted, Deputy Public Prosecutor Ahmad Akram Gharib confirmed knowledge of the matter.
While Low was not called by the prosecution to testify, Loo was subjected to intense cross-examination by the defence during the trial, in which she had been billed as a star witness.
The Court of Appeal has yet to set hearing dates for the appeal, as both parties await the written grounds of judgment from Court of Appeal judge Collin Lawrence Sequerah, who presided over the trial.
On December 26, Sequerah, sitting as a High Court judge, found Najib guilty of four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion in 1MDB funds deposited into his AmBank accounts between February 2011 and December 2014.
Najib was sentenced to 15 years in prison and fined RM11.387 billion after the court found him guilty of all charges.
Sequerah ordered the prison term to begin in 2028, following the completion of Najib’s six-year prison sentence in the SRC International case.
For the 21 money laundering charges, Sequerah sentenced Najib to five years’ imprisonment on each charge and ordered him to pay a recoverable sum of RM2.08 billion.
In January 2024, the Federal Territories Pardons Board reduced Najib's sentence in the SRC case by halving his jail term and lowering his fine to RM50 million. His current sentence is scheduled to end on August 23, 2028.