Judge's alleged statement a diversion from Najib’s conviction: DPP

 

The prosecution contended that Najib Abdul Razak cannot rely on Court of Appeal judge Mohd Nazlan Mohd Ghazali’s alleged statement recorded by the MACC to nullify the ex-premier’s conviction in the RM42 million SRC International corruption case.

In an affidavit to oppose Najib’s nullification bid, deputy public prosecutor Mohd Ashrof Adrin Kamarul contended that any such MACC-recorded statement would be under the Official Secrets Act 1972 and thus cannot be obtained or published by the ex-prime minister.

Nazlan was the Kuala Lumpur High Court judge who in July 2020 found Najib (above) guilty of seven counts of abuse of power and criminal breach of trust (CBT), three counts of money laundering, as well as sentenced the accused to 12 years in jail and a RM210 million fine.

The judge has since been elevated to the Court of Appeal.

In one of the previous affidavits filed by former finance minister Najib to support his bid to adduce fresh evidence to strike down his conviction and sentencing, the former premier claimed to have access to the MACC-recorded statements of Nazlan.

The MACC was investigating Nazlan over claims of conflict of interest in presiding over the SRC case when taking into account the judge’s previous role in Maybank that was purportedly linked to the formation of SRC International.

Court of Appeal judge Mohd Nazlan Mohd Ghazali

SRC used to be a subsidiary of 1MDB before it became wholly owned by the Minister of Finance Incorporated (MoF Inc). 1MDB is also owned by MoF Inc.

“I aver that any reference to recordings of statements, if true, from Justice Nazlan by the MACC during the investigation which, if true, are privileged statements, are inadmissible and hearsay evidence caught under the Official Secrets Act 1972.

“The contents of the interview with MACC (if true), have absolutely no bearing on the SRC trial, as SRC is an MoF Inc company since February 2012 whilst the purported default of a 1MDB loan occurred, if true, in 2015.

“This irrelevant, inadmissible, and Official Secrets Act protected interview is illegally and maliciously published (if true) to divert the finding of culpability against the applicant (Najib) by Justice Nazlan,” Ashrof contended in the affidavit filed at the Federal Court today and sighted by Malaysiakini.

Among the penalties under the OSA is seven years in jail for a person found guilty of obtaining such privileged documents.

Last month at the apex court, Najib filed an application to adduce new evidence to nullify the SRC trial.

Later on June 29, the prosecution filed its affidavit in objection against the nullification bid, contending that Nazlan’s previous role as general counsel with Maybank has no relevance to the case of the RM42 million of SRC funds that allegedly went into the ex-premier’s account.

The Federal Court has set 10 days next month 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.

On Dec 8 last year, the Court of Appeal dismissed Najib’s appeal to overturn the High Court’s decision.

The lower court allowed Najib’s application for a stay of execution of the sentences pending disposal of the appeal. - Mkini