PUTRAJAYA: Datuk Seri Najib Razak's application to adduce fresh evidence on trial judge Justice Mohd Nazlan Mohd Ghazali is "flawed and self-serving", says the prosecution.
Lead prosecutor Datuk V. Sithambaram, in his submission, said Najib's application was self-serving as it was made and filed, yet none of the five witnesses who supposedly supported the evidence was putting their neck out by signing affidavits.
"The allegations against Justice Mohd Nazlan's conflict of interest is based on flimsy grounds of 1MDB's loan from Maybank.
"This application is not supported by a proper affidavit for the court to act," he said in his rebuttal at the SRC International final appeal at the Federal Court here on Monday (Aug 15).
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In the written submission, the prosecution contended that the allegations of Justice Mohd Nazlan being biased and was in conflict of interest due to his previous employment as general counsel and company secretary to Maybank was mere conjecture and false.
"It is imperative to note that SRC was never a customer of Maybank nor had SRC taken any loan from Maybank to suggest any possible conflict of interest with Justice Mohd Nazlan," the prosecution said.
The prosecution also contended that Justice Mohd Nazlan's previous appointment with Maybank was no secret as the information was available in the public domain, hence it was preposterous to claim that it was a fact "recently discovered" or "deliberately suppressed".
"News agencies such as Malaysiakini, The News Straits Times (NST) and The Star have brought Justice Mohd Nazlan's career background including the Maybank employment to the attention of the public before the commencement of the SRC trial," Sithambaram said.
The prosecution said the defence did not meet the treshold requirement for admission of additional or fresh evidence.
"There is no evidence that could be considered as fresh evidence by the court.
"This application is flawed and should be dismissed," Sithambaram said.
After the prosecution wrapped up its submission, Najib's lead counsel Hisyam Teh Poh Teik told the panel that he needed some time to prepare for his reply to the prosecution's rebuttal.
Chief Justice Tengku Maimun Tuan Mat adjourned the proceedings to 9.30am tomorrow.
The panel also includes Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim and Federal Court judges, Justices Nallini Pathmanathan, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah