Thursday 28 Mar 2024
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PUTRAJAYA (Dec 6): The prosecution in Datuk Seri Najib Razak's SRC International Sdn Bhd case is opposing the former premier's bid to adduce fresh evidence in his appeal to overturn his conviction, saying he is just trying to delay the judgement which is set to be delivered on Wednesday (Dec 8).

It said all the evidence in the case had been made available to the High Court and subsequently the Court of Appeal.

“There is no relevant additional evidence that is required for the fair disposal of this case. The prosecution states that this application is to delay the decisions on the three appeals by reopening the entire case — as is evident from the prayers and consequences of the orders sought.

“I categorically deny that the prosecution has concealed any fact relevant to the charges during the trial or appeal process before this honourable court,” Deputy Public Prosecutor (DPP) Budiman Lutfi Mohamed said in an affidavit filed in the Court of Appeal on Monday.

Budiman also pointed out that former Bank Negara Malaysia governor Tan Sri Dr Zeti Akhtar Aziz was offered to the defence as a witness at the end of the prosecution's case.

“However, the applicant (Najib) chose not to call or interview Zeti for the purpose of calling her as a witness to establish the defence's case,” the DPP said.

He further said Najib could have made the application in January as the defence had known by December 2020 the issue of the statutory declarations made by Zeti's husband Datuk Dr Tawfik Ayman and his two sons.

“There was no statutory declaration made by Zeti in this matter. The applicant could have commenced the application in January this year before the hearing of the appeal commenced on April 5,” Budiman said.

“The applicant took 11 months and a few days before the COA (Court of Appeal) is scheduled to deliver its decision on Najib's appeal [to file a motion]. This is a deliberate delay and the irrelevance of the so-called fresh evidence to the charges demonstrates that this is a mala fide application,” the DPP added.

He further said the subject matter sought in the motion had no bearing on the trial or the appeal.

“There is no nexus between the additional evidence sought and the charges against Najib,” he said, adding that despite what the former premier had alleged, it was not conclusively established that Zeti had a long-standing relationship with fugitive businessman Low Taek Jho, better known as Jho Low.

“Evidence adduced by the prosecution and admitted by Najib himself in the trial showed that Jho Low, [former SRC chief executive officer] Nik Faisal Ariff Kamil and the late Datuk Seri Azlin Alias [who was Najib's former principal private secretary] were acting on his instructions in relation to his bank accounts,” added Budiman.

Evidence sought related to 1MDB, not SRC

Najib filed the application on Dec 1 to adduce further oral evidence by calling Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki and former SRC investigating officer Rosli Hussein.

The hearing of Najib's application is fixed for Tuesday (Dec 7), a day before the appellate court is scheduled to deliver its decision on his appeal to set aside his conviction and 12-year jail term and RM210 million fine for the SRC offences.

Budiman said the issue of whether Tawfik, Aliff and Abdul Aziz (the two sons) had received monies from 1Malaysia Development Bhd (1MDB) had no bearing on the subject matter in the appeal, which concerns SRC funds in Najib's accounts.

He said the prosecution did not conceal favourable defence evidence as former Attorney General Tan Sri Tommy Thomas, and subsequently the minister in the Prime Minister's Department, had pointed out that the matter relates to 1MDB and not the subject matter of the present appeal.

“Furthermore, Thomas and the minister had said we have to wait for the investigation [into Zeti's case] to be over,” Budiman added.

The recent recovery of funds from Nik Faisal and Tawfik, the DPP said, is in relation to 1MDB and has no relevance to SRC funds.

“The receipt of 1MDB funds by Nik Faisal is irrelevant to the SRC case. The prosecution has proved Najib's knowledge of the SRC funds in his accounts, resulting in the commission of the offences charged,” the DPP said.

“Najib alone, and not Jho Low, Nik Faisal nor Azlin, had benefitted from the RM42 million of SRC funds as the trial court found.”

The prosecution, Budiman said, also does not see any nexus in Najib's application to examine the MACC's Azam to further adduce oral evidence — as the evidence sought is in relation to 1MDB and not SRC.

For these reasons, the DPP said he wants the court to dismiss Najib's motion to adduce further evidence at this stage.

Najib was found guilty by High Court Judge Mohd Nazlan Mohd Ghazali on July 28, 2020 on all seven counts in relation to SRC.

He was found guilty of abusing his power in relation to approving the RM4 billion loans from Retirement Fund (Incorporated) (KWAP) between 2011 and 2012, and on three counts each of criminal breach of trust and money laundering of RM42 million of SRC funds between Dec 26, 2014 and Feb 10, 2015.

Edited ByTan Choe Choe & S Kanagaraju
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