Former Bank Negara governor offered to Najib's defence but not called as witness, court hears

PUTRAJAYA: Tan Sri Dr Zeti Akhtar Aziz was offered as a defence witness at the close of the prosecution case in Datuk Seri Najib Razak SRC International Sdn Bhd trial but this was never taken up, says the prosecution.

Ad hoc prosecutor Datuk V. Sithambaran said the appellant (Najib) had the opportunity to interview and, if desired, to call the former Bank Negara governor to testify as they had raised matters relating to the central bank during the prosecution's case.

"Yet, despite being offered, the appellant chose not to interview her or call her as a defence witness.

"All relevant evidence relating to Zeti's role in relation to the present charges are well within the knowledge of the appellant during the trial," he said in his submissions at the Federal Court here on Tuesday (March 15).

Sithambaram was replying to a submission by Najib's lead counsel Tan Sri Muhammad Shafee Abdullah in the Pekan MP's appeal to adduce new evidence in the case, which has gone to the appeal stage at the apex court.

He said the failure to interview Zeti and call her when offered by was "fatal" to the application.

"It is submitted that evidence of Zeti was readily available to the appellant during trial and hence this application for fresh evidence should fail.

On the roles played by Zeti's family, Najib had claimed that Iron Rhapsody Ltd - a company linked to Zeti's husband Datuk Dr Tawfiq Ayman and their two sons - had received monies from Acme Time Ltd, allegedly owned by fugitive financier Low Taek Jho who is central to the 1Malaysia Development Bhd (1MDB) scandal.

The prosecution contended there was no evidential link between monies received by Tawfiq and his two sons from 1MDB in 2009 and the SRC monies found in Najib's bank accounts.

The "cumulative evidence" alleged by the defence also showed a timeline of monetary transactions involving Iron Rhapsody that predated the charges against Najib by two to five years.

"It also predates the formation of SRC which was incorporated in 2010," the prosecutor said.

Sithambaram also said that the monies received by Tawfiq and his sons had nothing to do with SRC, its failed purpose and the scheme to syphon money from the 1MDB subsidiary.

"The whole cumulative evidence, if proven, is a separate and independent offence unrelated whatsoever with the charges against the appellant at the trial," Sithambaram added.

In today's proceedings, Najib is appealing against the dismissal of the Court of Appeal in relation to his attempt to adduce new evidence.

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.

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

Chief Justice Tun Tengku Maimun Tuan Mat is chairing a panel of five judges who are presiding over the appeal.

Other judges on the panel are 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.

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.