Najib mulls seeking apex court to first hear SRC fresh evidence appeal

Najib Abdul Razak is mulling whether to seek the Federal Court to hear first his appeal to adduce fresh evidence in the RM42 million SRC International corruption case.

The former prime minister’s legal team contended that this is because the outcome of the fresh evidence appeal may have critical bearing on his main appeal before the Federal Court to quash his conviction and sentencing in the graft case.

One appeal seeks to quash Najib’s conviction as well as a 12-year jail sentence and RM210 million fine in the main SRC corruption case, and the other appeal is over his bid to adduce fresh evidence in the main appeal.

On Dec 7 last year, the Court of Appeal dismissed his application to adduce fresh evidence in his appeal against the RM42 million SRC graft case.

The next day (Dec 8), the Court of Appeal dismissed his appeal to overturn the guilty verdict and sentencing in the SRC case.

Speaking to Malaysiakini, Najib’s counsel Muhammad Farhan Muhammad Shafee said they are considering this in light of the potentially major impact of the outcome of the additional evidence appeal may have on the main SRC appeal.

“If fresh evidence appeal is allowed by the Federal Court, that would have an effect on the main (SRC) appeal.

“This is due to the nexus of the fresh evidence appeal on the main appeal,” Farhan said when contacted.

The lawyer added that following case management of the main SRC appeal this morning, the Federal Court has fixed Jan 24 for further mention of the matter.

Apply for both appeals

When contacted today in regards to the case management, deputy public prosecutor Mohd Ashrof Andrin Kamarul said that the apex court was informed by Najib’s lawyers that they are mulling whether to apply for both appeals to be heard jointly or separately.

The DPP said that lead counsel Muhammad Shafee Abdullah informed the court that the appeal records for the main SRC appeal is complete, while the appeal records for the fresh evidence appeal is not yet ready.

Ashrof said that Najib’s legal team may seek more time from the Federal Court to enable them to consider whether to seek separate or joint hearing of both appeals.

The DPP also confirmed that the Federal Court set Jan 24 for further case management of the matter.

Previously a subsidiary of 1MDB, SRC later became fully owned by the Minister of Finance Incorporated.

Besides being former prime minister, Najib also used to be finance minister, SRC’s adviser emeritus, and chairperson of 1MDB’s board of advisers. - Mkini