Najib claims bias, wants High Court case nullified


KUALA LUMPUR: Claiming that there was a conflict of interest in his conviction and sentencing, Datuk Seri Najib Razak and his legal team have filed an application to give additional evidence in a bid to nullify the High Court trial in the SRC International Sdn Bhd case.

The application has been filed at the Federal Court, said his lead counsel Tan Sri Muhammad Shafee Abdullah, adding that “the application is supported by a very massive affidavit by Datuk Seri Najib”.

The additional evidence aims to persuade the Federal Court to nullify the trial at the High Court on the grounds that it infringes the rules against bias and fair trial principles.

The evidence which Najib’s legal team is working to adduce is related to the judge who presided over the SRC case at the High Court, Datuk Mohd Nazlan Mohd Ghazali.

Mohd Nazlan found Najib guilty of seven charges of abuse of power, criminal breach of trust and money laundering involving RM42mil of SRC funds.

He sentenced Najib to 12 years’ in jail and a fine of RM210mil.

The Court of Appeal later upheld his decision on Dec 8, 2021.

Muhammad Shafee said yesterday that the new discovery revealed Mohd Nazlan had served as the general counsel and company secretary for Maybank Group in 2006.

Maybank Investment Bank Bhd was the body responsible in proposing the formation of SRC International Bhd while its wholly-owned strategic advisory division, Bina Fikir Sdn Bhd, was tasked with research and advisory matters in the establishment of SRC.

“The fact that Mohd Nazlan concealed his personal involvement in the setting up of SRC to the defence amounts to a conflict of interest, which has led to a real danger of bias.

“The personal involvement of the trial judge in matters pertaining to the RM4.17bil loan to 1MDB puts him in a situation of conflict. He becomes a potential witness in an intimately related criminal case against Datuk Seri Najib which was ongoing simultaneously with the SRC trial,” he said.

He added that Mohd Nazlan – in his capacity as general counsel and company secretary as well as Maybank’s head of corporate and legal service – had been involved in the deliberation and decision-making of the RM4.17bil loan for the acquisition of Tanjong Energy Holdings.

Muhammad Shafee said Mohd Nazlan would have also had “constructive knowledge, if not direct knowledge” of the RM140mil loan facility given by Maybank to Putra Perdana Development (PPD).

Proceeds of the loan facility form part of the subject matter of the charges related to the RM42mil.

He added that a Maybank Investment bank officer named Michael Oh-Lau, who served as managing director, head of debt markets, confirmed that Mohd Nazlan had attended the board of directors meetings related to the loan to 1MDB.

He was also briefed on the steps to be taken as proposed action against 1MDB and Tanjong Energy Holdings, when the sovereign wealth fund was on the verge of defaulting its payments in early 2015.

Get 20% OFF The Star Digital Access

Monthly Plan

RM 13.90/month

RM 11.12/month

Billed as RM 11.12 for the 1st month, RM 13.90 thereafter.

Best Value

Annual Plan

RM 12.33/month

RM 9.87/month

Billed as RM 118.40 for the 1st year, RM 148 thereafter.

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Nation

Retiree loses RM342,000 in online casino investment scam
Penang Deputy CM denies embezzlement allegations
Prioritise tourist safety ahead of Visit Sabah 2027, urges state secretary
Malaysia among top 3 for student growth in 'Big 14' study destinations
Couple nabbed over extortion bid, parang attack on man
Health Ministry blames sudden order change for absenteeism in Dewan Rakyat
Expand electrical safety campaigns statewide, urges Liawan rep
Court sets January, March next year to hear Yusoff Rawther’s sexual assault suit
Speaker gives Zahid until Nov 12 to explain alleged misleading statement in Dewan Rakyat
Sabah launches five-year sustainable forestry research project

Air Pollutant Index

Note: API is calculated based on 24hr running average of the most dominant parameter.

Highest API Readings

    Select State and Location to view the latest API reading

    Others Also Read