Judge Mohd Nazlan Mohd Ghazali’s previous role in Maybank is irrelevant to the RM42 million SRC International corruption case against Najib Abdul Razak, the prosecution contended.
In an affidavit filed at the Federal Court this afternoon to oppose the former premier’s bid to adduce fresh evidence, deputy public prosecutor Mohd Ashrof Adrin Kamarul contended that the alleged evidence sought has more to do with a separate ongoing RM2.28 billion 1MDB graft trial against the accused.
The DPP pointed out that Nazlan’s previous role as group general counsel and company secretary with Maybank was already in the public domain as it was reported by the media as far back as Aug 2, 2018.
Ashrof noted that it was not possible for Nazlan presiding over the SRC trial to cause a conflict of interest because Maybank Investment Bank Berhad then merely provided strategic advisory services to 1MDB to develop an overall strategy and business plan of SRC, a then subsidiary of the Malaysian sovereign wealth fund.
Nazlan was once attached to Maybank Investment Bank Berhad.
‘Nothing but red herring’
The prosecutor pointed out that the Maybank letter dated September 2010 that Najib’s legal team is relying on nowhere stated that it was responsible for proposing the establishment of SRC, but merely acknowledged that 1MDB was then considering setting up SRC as a vehicle to acquire strategic assets.
The DPP contended that 1MDB was responsible for proposing the incorporation of SRC much earlier through its own letter dated Aug 24, 2010.
“The applicant’s allegations are nothing but a red herring to declare the SRC trial a nullity.
“I state that the issue of 1MDB’s acquisition of Tanjong Energy Holdings, the involvement of Maybank Berhad and justice Nazlan (above) in this 1MDB matter, are not relevant to the facts in relation to the SRC charges faced by the applicant in these appeals.
“These issues are not relevant to the SRC appeals but related to the 1MDB case which is not presided by justice Nazlan,” Ashrof contended, adding that two distinct prosecution teams carried out the SRC and 1MDB cases.
Former federal court judge Gopal Sri Ram is the ad hoc DPP leading the prosecution in the ongoing 1MDB trial before Kuala Lumpur High Court judge Collin Lawrence Sequerah.
The issue of 1MDB’s acquisition of independent power producer Tanjong Energy is part of the 1MDB trial.
Recently, Najib filed a bid to adduce further evidence to nullify his conviction and sentencing in the SRC corruption trial.
The former premier’s legal team contended that there was an alleged conflict of interest when then High Court judge Nazlan presided over the SRC trial. Nazlan has since been elevated to the Court of Appeal.
The Federal Court has set 10 days in August to hear Najib’s final SRC appeal to quash his guilty verdict over seven charges of abuse of power, criminal breach of trust and money laundering as well as a sentence of 12 years in jail and RM210 million fine.
1MDB vs SRC
Ashrof also emphasised today that Najib’s allegation of Nazlan’s purported knowledge of Maybank loans to 1MDB does not bar the judge from hearing the SRC case.
The prosecutor contended that the former prime minister failed to show any connection between his (Najib) allegations and the SRC charges presided over by Nazlan.
He pointed out that 1MDB and SRC were distinct legal entities, with the latter operating separately and independently from the former.
The Minister of Finance Incorporated acquired SRC from 1MDB in early 2012 when Najib was the finance minister.
“All relevant and material evidence was presented at the trial. There was no suppression of evidence as alleged, and the applicant was not denied a fair trial.
“This application is filed to prolong the SRC proceedings for collateral purposes. I aver that the cumulative evidence now sought to be adduced by the applicant was available to the applicant and in any event, is not relevant to the appeals before the Federal Court,” said Ashrof.
The matter is fixed for case management before the apex court tomorrow.
On July 28, 2020, then High Court judge Nazlan had convicted and sentenced Najib on one count of abuse of position as the then premier, three counts of criminal breach of trust and three counts of money laundering involving RM42 million of funds from SRC.
However, the lower court allowed the defendant’s application for a stay of execution of the sentences pending disposal of the appeal.
On Dec 8 last year, the Court of Appeal dismissed Najib’s appeal to overturn the lower court’s decision. - Mkini
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