KUALA LUMPUR – The Court of Appeal unanimously rejected the application of Datuk Seri Najib Razak to adduce fresh evidence in his SRC International Sdn Bhd case.
Therefore, the court would also deliver the verdict on Najib’s appeal to strike off his conviction and sentence over the RM42 million SRC International case.
According to Judge Datuk Abdul Rahman Karim, no outstanding condition has been presented to the court that could enable the additional testimony to be included in the appeal.
“Therefore, this request is dismissed. The verdict on the appeal of SRC International case will carry on tomorrow at 9.00 am. It is up to the defence team to be present at the court or we can do it via the Zoom application like today,” he said.
Najib’s appeal at the Appellate Court before judge Datuk Abdul Karim along with Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera was led by Tan Sri Muhammad Shafee Abdullah, who is currently under self-quarantine after his son, who is also a lawyer was tested positive for Covid-19. Meanwhile, Datuk Seri Sithambaram led the prosecution team.
Najib had earlier requested the court to allow and instruct viva voce testimony to be taken from the Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), Datuk Seri Azam Baki; MACC investigator, Rosli Hussein who is the 56th Prosecution Witness in the case and other relevant witnesses of the case.
In the affidavit filed by Najib, he said that the application was made immediately, right after he compiled all information and documents required.
The judge then set the hearing on the court’s decision over the fresh evidence today, however, the defence’s lead counsel, Muhammad Shafee wrote to the court late yesterday requesting to vacate today as one of the lawyer was tested positive of Covid-19.
This argument was however rejected by Abdul Karim who ticked off Harvinder that the court was acutely aware of the standard operating procedures for those classified as close contacts.
He said it was no excuse to delay proceedings.
However, the court rejected the request, stating that it was no excuse to delay proceedings. He also gave an ultimatum to either issue an arrest warrant on Najib who was absent from the court or, to proceed with the proceeding virtually via Zoom at 12.30 pm.
On 2 December, Najib, through his lawyer, had filed an application to include fresh evidences and testimonies that could allegedly change the High Court’s decision.
Among the evidences were the involvement of former Governor of Bank Negara, Tan Sri Zeti Akhtar Aziz who was said to have abetted Jho Low or Low Taek Jho by facilitating the fugitive businessman to misappropriate funds from 1Malaysia Development Berhad (1MDB) and its subsidiary, SRC International.
Najib also alleged that the new statements, if not concealed by BNM, MACC and the prosecution, could have caused the High Court’s verdict to favour him and raise reasonable doubts in the SRC International case. -MalaysiaGazette