KUALA LUMPUR (June 29): The prosecution in the SRC International Sdn Bhd appeal contended that trial judge Datuk Mohd Nazlan Mohd Ghazali's previous roles in Maybank did not pose a conflict of interest in the trial in the High Court.

In opposing the bid by Datuk Seri Najib Razak to adduce fresh evidence in the appeal, deputy public prosecutor (DPP) Mohd Ashrof Adrin Kamarul said Justice Nazlan's involvement in Maybank Group was known in the public domain.

As such, Najib, as chairman of the board of advisors of 1MDB, ought to have known about his former engagement with the bank but did not object Nazlan presiding the trial then, Mohd Ashrof said in his affidavit in reply sighted by theedgemarkets.com.

In the affidavit, Mohd Ashrof cited numerous news articles in 2018 which reported Justice Nazlan's position at Maybank. He noted that the news articles were in the public domain, even before the commencement of the SRC trial on April 3, 2019.

"[Najib] knew of Justice Nazlan's position in Maybank at all material times during the trial and took no objection to him presiding over the SRC trial," he said.

Previously, Najib's counsel Tan Sri Muhammad Shafee Abdullah had contended that Justice Nazlan's failure to disclose his involvement in the matter through Maybank, had led to a real danger of bias.

Shafee also claimed that Maybank Investment Bank Bhd was the body responsible for the proposed establishment of SRC. He said 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.

Describing the assertion as "totally mischievous", Mohd Ashrof said 1MDB itself was responsible in proposing the incorporation of SRC much earlier in August 2010.

Mohd Ashrof added that Maybank Investment Bank Bhd had proposed that 1MDB establish a "strategic resource company" (SRC) in the national strategic interest.

"Not that Justice Nazlan or Maybank Investment Bank Bhd actually set up SRC, which it did not... there is no evidence of any role of Maybank Investment Bank Bhd related to SRC," he said, citing evidence.

Mohd Ashrof added that the "alleged" fresh evidence does not show any conflict of interest involving Justice Nazlan.

The DPP also added that Najib's application had more to do with the former premier's ongoing 1MDB graft trial, where he is accused of enriching himself with RM2.28 billion from 1MDB.

“(Najib's) allegations are nothing but a red herring to declare the SRC trial a nullity.

"I state that the issue of 1MDB’s acquisition of Tanjong Energy Holdings, the involvement of Maybank and Justice Nazlan in this 1MDB matter are not relevant to the facts in relation to the SRC charges faced by the applicant in the appeals.

“These issues are not relevant to the SRC appeals but related to the 1MDB case, which is not presided over by Justice Nazlan. There was no proof of any conflict of interest by the judge, which translates to a real danger of bias at the SRC trial,” he added.

He went on to add that 1MDB and SRC were "distinct legal entities" and that SRC operated "separately and independently from 1MDB at all material times.

The 1MDB matter is being tried before High Court judge Collin Lawrence Sequerah.

Part of Najib's application is also to call upon former 1MDB chief executive officer Datuk Shahrol Azral Ibrahim Halmi and Malaysian Anti-Corruption Commission(MACC) investigation officer Rosli Hussein to give oral evidence in court.

Shahrol had never testified in the SRC matter, while Rosli was the prosecution's 57th witness.

Mohd Ashrof said that Najib's affidavit did not stipulate what sort of evidence he intended to adduce from them.

"There has been undue delay in filing this so-called application for additional evidence, which is neither fresh nor relevant to the pending appeals," he said.

He added that the application is nothing but a "fishing expedition" for evidence and is "totally irrelevant" to the charges against the former premier.

Najib's application comes just as the apex court is set to hear the Pekan MP's final appeal on the matter, which is slated for Aug 15 to 26.

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. Najib's application to adduce fresh evidence is set for case management on June 30.

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