KUALA LUMPUR: Just days before the decision in his appeal in the SRC International Sdn Bhd case, Datuk Seri Najib Razak has filed an application to allow new evidence to be admitted into the appeal.
In the application, filed through Messrs Shafee & Co and dated Dec 1, Najib was seeking for the Court of Appeal to allow and direct for the viva voce evidence (oral evidence) of Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Azam Baki, among others, to be taken for the purpose of the appeal.
Apart from Azam, the Pekan MP also wants viva voce evidence to be taken from MACC investigating officer Rosli Hussein.
He also wants viva voce evidence from any other witness or any other additional or further evidence which may arise based on his affidavit or as the court sees fit and appropriate.
In his supporting affidavit, Najib said the evidence that he applied to be admitted and adduced in the application was a cumulation of matters from several events, statements and public announcements that happened recently.
"The cumulative evidence was not available to me or obtainable by me either during the trial before the High Court or during the previous proceedings in the appeals before this court.
"I could not uncover this evidence, in spite of my diligent search, as the prosecution, MACC and Bank Negara were actively concealing them," he claimed.
Najib said the application was made without delay as soon as he was made aware of all the necessary information.
He further said that the evidence was relevant to the issues at the trial court as well as in the appeals.
He said his liberty and livelihood was at stake and it was necessary for the evidence to be permitted and adduced in the appeals in the interest of justice.
"I profusely apologise to this honourable court for any inconvenience occasioned, and I seek for this application to be heard at the earliest date possible, in any case prior to this court rendering any judgment, to prevent any delay towards the judicial process in the appeals," he said.
Some of the events that made up the "cumulative matters" included a press release by the MACC on Nov 19 on the recovery of 1Malaysia Development Bhd (1MDB) fund assets from Singapore where USD15.4mil had been repatriated relating to an account of Cutting Edge Industries Ltd.
The company was said to belong to Tawfiq Ayman, the husband of former Bank Negara governor Tan Sri Zeti Akhtar Aziz.
Another event was an online interview on Nov 24 involving former attorney general Tan Sri Tommy Thomas whom Najib claimed had admitted to the role of Zeti and her husband in facilitating fugitive businessman Low Taek Jho in relation to 1MDB.
"I verily state that the evidence taken cumulatively now credibly confirms that Zeti and her family members received approximately RM65mil from Low from funds related to 1MDB.
"I verily believe that had such evidence been adduced during the trial, the trial court would have arrived at different findings in my favour and resultantly reasonable doubt would have been found to have been raised against the prosecution's case on all charges," he added.
During a press conference, Najib's lawyer Tan Sri Muhammad Shafee Abdullah said the court had not fixed a hearing date for the application just yet.
Najib was appealing against his conviction and sentence for misappropriation of RM42mil in funds from SRC International Sdn Bhd.
He was sentenced to 12 years' jail and a fine of RM210mil after the High Court found him guilty of seven charges involving criminal breach of trust (CBT), money laundering and abuse of position, involving SRC International funds, totalling RM42mil.
The Court of Appeal would be delivering its decision in the appeal on Dec 8.