Najib’s new evidence is hearsay, says lead prosecutor

by SHAFIQUL ALIFF / TMRpic

DATUK Seri Mohd Najib Abdul Razak’s (picture) application to introduce new evidence in his SRC International Sdn Bhd appeal is only hearsay, said Lead Prosecutor Datuk V Sithambaran.  

In his arguments, the director of public prosecutions said it was Najib’s last attempt to distort the course of the case by relying on statements by three Malaysian Anti-Corruption Commission and two Malayan Banking Bhd (Maybank) officers to support the application which was not supported by the proper affidavit.

“The appellant’s allegation is based on an untenable argument which is a loan amounting to RM4.17 billion given by Maybank to 1Malaysia Development Bhd,” he said in the prosecution’s written and oral submissions.

Earlier, senior counsel Hisyam Teh said additional evidence containing conflict of interest and bias involving Judge Mohd Nazlan Mohd Ghazali, especially on his failure to disclose his previous role as Maybank group general counsel and company secretary between 2006 and 2015, was not disclosed during trial.

Sithambaram said they knew the role of Mohd Nazlan in Maybank and the role of Bina Fikir Sdn Bhd in providing advisory services for the establishment of SRC International and at that time, they could have raised this matter but they chose not to do so.

“They are presenting it in this way because it is clear Mohd Nazlan has no role and conflict of interest in this matter,” he said.

The lead prosecutor also said some documents that were said to have been sent to Najib’s residence in Langgak Duta, Kuala Lumpur, in two anonymous envelopes were hearsay evidence and inadmissible as the source was unknown.

“Najib’s affidavit is based on matters unknown to him, thus cannot be taken into account by the court and accordingly, the prosecution requested that Najib’s application to include new evidence must be rejected since it is irrelevant and does not meet the provisions of the law,” he added.

Earlier, Najib requested to postpone his case until the investigation against Mohd Nazlan was completed.

The former’s lawyer, Teh, who argued in the application for a notice of motion to include additional evidence in the final appeal of the SRC International case, said the proceedings of the case should be postponed due to the additional evidence that clearly shows the existence of a conflict of interest.

Mohd Nazlan convicted Najib on July 28, 2020, on seven charges of abuse of power and misappropriation of RM42 million of SRC International funds.

His sentence of 12 years’ jail and RM210 million fine was reaffirmed by the Court of Appeal on Dec 8, 2021.

The appeal is being heard before a five-member bench comprising Chief Justice Tun Tengku Maimun Tuan Man; Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court Judges Datuk Nalini Pathmanathan; Datuk Mary Lim and Datuk Muhamad Zabidin Mohd Diah.