KUALA LUMPUR: The application by Datuk Seri Najib Razak to adduce additional evidence in the SRC International Sdn Bhd case is to delay the decision in the appeal, which has been fixed for Wednesday (Dec 8).
This was stated by the prosecution in its affidavit-in-reply to Najib's supporting affidavit in his motion to allow new evidence to be admitted.
Deputy Public Prosecutor Budiman Lutfi Mohamed, who affirmed the affidavit, said that the application was meant to delay the decision in the appeal by re-opening the entire case.
He said Najib could have commenced the application as early as January before initiating his appeal on April 5 but took close to 11 months from January and a few days before the decision in his appeal to file his application.
"This is a deliberate delay and the irrelevance of the so-called fresh evidence to the charges demonstrates that this is a mala fide (bad faith) application," said the DPP who is part of the prosecution team in the SRC International case.
"The application failed to establish any exceptional circumstances to allow additional evidence to be adduced before the decision of the appeal on Dec 8 (Wednesday)," he said.
He also categorically denied that the prosecution had concealed any fact relevant to the charges during the trial or appeal before the court.
"I aver that this application is deliberately timed and not due to any subsequent unravelling of events," DPP Budiman said.
The prosecution also stated that Tan Sri Zeti Akhtar Aziz, who is one of the key figures mentioned in Najib's application, was offered to the defence at the end of the prosecution's case to be called as a defence witness but the applicant chose not to call the former Bank Negara governor as a witness.
On Dec 1, Najib filed the application through Messrs Shafee & Co., 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 witnesses 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.
The hearing of Najib's application at the Court of Appeal has been fixed for Tuesday (Dec 7).