Chief Justice to head five-man Federal Court panel in Najib’s SRC case appeal

PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat (pic) is heading a panel of five judges who are presiding over an appeal by former prime minister Datuk Seri Najib Razak in his SRC International Sdn Bhd case.

The top judge, who is chairing the panel, is joined by the Court of Appeal president Justice Rohana Yusuf, Chief Judge of Malaya Justice Azahar Mohamed, Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Mohd Zawawi Salleh.

In Tuesday's (March 15) proceedings, the Pekan MP is appealing against the dismissal of the Court of Appeal in relation to his attempt to adduce new evidence in his SRC International appeal.

Najib had filed, on Dec 1 last year, an application 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 Tan Sri Azam Baki, among others, to be taken for the purpose of his SRC International appeal at the appellate court.

Apart from Azam, Najib 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, prior to the application.

Some of the events that made up the "cumulative matters" included a press release by the MACC on Nov 19, 2021, on the recovery of 1Malaysia Development Bhd (1MDB) fund assets from Singapore where US$15.4mil (RM64.83mil) had been repatriated relating to an account of Cutting Edge Industries Ltd.

The company was said to belong to Datuk Dr Tawfiq Ayman, the husband of former Bank Negara governor Tan Sri Zeti Akhtar Aziz.

Najib's application, however, was dismissed by the appellate court on Dec 7, the same year, on grounds that Najib had failed to prove extremely exceptional circumstances for the evidence to be adduced.

Apart from the appeal on the evidence-related application, Najib's main appeal is 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.