KUALA LUMPUR (June 7): Former prime minister Datuk Seri Najib Razak has filed another application to adduce fresh evidence in his SRC International Sdn Bhd case with the intention to nullify the trial.
The additional evidence relates to trial judge Datuk Mohd Nazlan Mohd Ghazali's alleged conflict of interest as he served as a general counsel and company secretary for Maybank Group in 2006.
Speaking to the press on Tuesday (June 7), Najib's counsel Tan Sri Muhammad Shafee Abdullah said Justice Nazlan's failure to disclose his alleged prior involvement in the matter through Maybank had led to a real danger of bias.
This is Najib's second application at the Federal Court to adduce fresh evidence to overturn his conviction in the High Court. An earlier application was dismissed by the apex court on March 16.
This application also comes just as the Federal Court is set to hear Najib's final appeal on Aug 15 to 26.
'Maybank played a role in SRC's establishment'
Claiming that Maybank had played a role in the setting up of SRC, Shafee said Justice Nazlan's judgement that the former prime minister had overarching control over the former 1Malaysia Development Bhd (1MDB) subsidiary and "engineered" the formation of SRC was contradictory.
A press statement issued by Shafee's firm said the firm recently became aware that Maybank Investment Bank Bhd was the body responsible for the proposed establishment of SRC. Maybank's wholly owned strategic advisory division, Bina Fikir Sdn Bhd, was tasked with the research and advisory matters pertaining to the establishment of SRC.
The statement claimed that Justice Nazlan must have knowledge of Maybank's role in the establishment of SRC.
The alleged involvement of Maybank through Maybank Investment and Bina Fikir in the setting up of SRC was never brought up by the prosecution at any point in the SRC trial and no witnesses from these entities were called or offered by the prosecution.
Maybank's loan to PPD
The statement also contended that Justice Nazlan would have knowledge about the RM140 million loan facility given by Maybank to Putra Perdana Development Sdn Bhd (PPD). The proceeds from this loan were part of the RM42 million mentioned in the charges against Najib.
The statement claimed that Maybank's credit committee secretary, Fazilah Abu Bakar, had given her statement to the Malaysian Anti-Corruption Commission that Justice Nazlan was reported to regarding the loan.
"In light of this Justice Nazlan would have good suspicion that the RM42 million charges against Najib had never had its source from the RM4 billion Retirement Fund (Inc) (KWAP) as the source was clearly the RM140 million loan from Maybank undertaken by PPD.
"Justice Nazlan's involvement in the matters relating to RM140 million by PPD has brought [him] too close for comfort to be the judge trying the SRC case as he is totally in conflict of interest," read the statement.
The crux of the SRC case is that Najib had used his authority as the then prime minister and finance minister to secure RM4 billion in loans from KWAP for SRC.
The press statement also claimed that Justice Nazlan had attended Maybank board of directors' meetings in relation to the deliberation of a RM4.17 billion loan to 1MDB for the acquisition of Tanjong Energy.
QC application to be heard simultaneously
Last week, Najib's lawyers filed an application to allow a queen's counsel (QC), British lawyer Jonathan Laidlaw, to represent him in his final appeal at the Federal Court. Shafee confirmed on Tuesday that the matter will come up for case management on June 16.
When asked which application they wanted to be heard first, Shafee said his team was working simultaneously on both the QC application and the latest application to adduce fresh evidence.
He added that should the QC application go on first and they are successful, Laidlaw may even argue in the application to adduce fresh evidence.
On July 28, 2020, Justice Nazlan found Najib guilty in the SRC trial at the High Court and sentenced him to 12 years in jail and a fine of RM210 million.
The seven charges included one count of abuse of power involving KWAP's RM4 billion loans to SRC, three counts of criminal breach of trust involving RM42 million, and three counts of money laundering.
The Court of Appeal on Dec 8, 2021 upheld the High Court's decision.