All ingredients to include new evidence in Najib’s case satisfied, says lawyer

 

Lawyer Hisyam Teh Poh Teik says the evidence which the defence wishes to introduce was not available during Najib Razak’s trial and will show that trial judge Nazlan Ghazali was presiding despite a conflict of interests.

PUTRAJAYA: All ingredients necessary for the admission of fresh evidence in Najib Razak’s SRC International appeal have been satisfied, the Federal Court heard today.

The former prime minister’s lead counsel, Hisyam Teh Poh Teik, said Najib fulfilled all the requirements under Section 93 of the Courts of Judicature Act and established case law.

Hisyam was referring to the cases of R v Park, Ladd v Marshall and Anwar Ibrahim v Public Prosecutor.

He said the criteria involved showing that the evidence was not available during trial, was relevant to the issues raised, credible and might create a reasonable doubt in the outcome of the trial.

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In the present case, he said, the documents contained in anonymous envelopes received by Najib on or about May 9 and July 7 were not available to him and had not been supplied by the prosecution during the trial.

“This additional evidence would determine whether the trial judge could have been a potential witness in the SRC case and was disqualified from presiding over the trial,” he said.

Further, Hisyam said, the respondent (prosecution) had not questioned the credibility of the evidence sought to be introduced.

“The new evidence is necessary so that there will not be a miscarriage of justice,” he said when concluding, asking for the application to be allowed.

Chief Justice Tengku Maimun Tuan Mat is chairing a five-member Federal Court bench to hear Najib’s appeal.

In his application, Najib said judge Nazlan Ghazali ought to have recused himself from presiding over the trial due to a conflict of interests arising from events which took place when he was general counsel and company secretary of the Maybank group.

The prosecution, however, says that contention cannot be raised now as information regarding the judge’s employment with the bank had been in the public domain since 2018, even before the commencement of the SRC trial in April 2019.

Najib’s lawyers want evidence taken from former 1MDB chief executive officer Shahrol Azral Ibrahim Halmi, SRC case investigating officer Rosli Hussein and three Malaysian Anti-Corruption Commission officers who recorded statements from Nazlan recently.

On July 28, 2020, Najib was convicted on seven charges of abuse of power, money laundering and criminal breach of trust over SRC International funds amounting to RM42 million. He was sentenced to 12 years’ imprisonment and an RM210 million fine.

On Dec 8 last year, the Court of Appeal upheld both the conviction and sentence. However, Najib was released on bail pending his final appeal before the Federal Court. - FMT