Najib's final SRC appeal: Real danger concerning presiding judge's impartiality, says defence

Datuk Seri Najib Tun Razak's lead defence cousel senior lawyer Hisyam Teh Poh Teik. — RAJA FAISAL HISHAN/The Star

PUTRAJAYA: There was a real danger of impartiality concerning the presiding judge of the SRC International Sdn Bhd trial, says the defence of Datuk Seri Najib Razak.

This was said by the Pekan MP's lead counsel Hisyam Teh Poh Teik (pic) in his submission in the motion to adduce new evidence in the appeal at the Federal Court here on Monday (Aug 15).

ALSO READ: Najib plays his last card

In the written submission, the defence also stated that as a long-term employee of Maybank, the previous conduct of Justice Mohd Nazlan Mohd Ghazali (previously a High Court judge and currently a Court of Appeal judge) may also give ground for a reasonable person to believe that he cannot act with an objective mind.

The additional evidence Najib seeks to adduce relates to the "discovery" that Justice Mohd Nazlan was the general counsel and company secretary for Maybank Group.

ALSO READ: Najib's final SRC appeal: Defence team arrives at Palace of Justice in Putrajaya

Citing a serious conflict of interest, the defence contended that the investigating authorities had suppressed or failed to disclose the materials which would have enabled Najib to raise the objection based on the trial judge's conflict of interest at an earlier stage of the proceedings.

The defence also argued in its written submission that the hearing of the appeal proper should be deferred until such a time that the investigation into Justice Mohd Nazlan's role is completed.

ALSO READ: I will not flinch an inch, says Najib ahead of final SRC appeal

Hisyam also contended that all ingredients necessary for the admission of fresh evidence had been satisfied.

Earlier, Chief Justice Tengku Tun Maimun allowed the defence's application to amend Najib's notice of motion to adduce new evidence before proceeding to hear the motion.

Najib had filed in a notice of motion dated June 7 to the court seeking permission to adduce additional evidence and another notice of motion dated July 15 to amend the original notice of motion.

Lead prosecutor Datuk V. Sithambaram is expected to reply to the defence's submission later after the lunch break.

The court session will resume at 2pm.

Article type: free
User access status:
Subscribe now to our Premium Plan for an ad-free and unlimited reading experience!

Next In Nation

Two trawlers impounded, 19 Vietnamese arrested for trespassing, illegal fishing
Global aviation has to look beyond the impact of the pandemic, says Dr Wee
Stable govt crucial for country's economic recovery, says biz group
KJ: Decriminalising suicide bids up to Cabinet, Home Ministry and cops' input also crucial
You can now disable PayDirect on your Touch ‘n Go ewallet
TnG NFC cards being sold at exorbitant prices on online platforms
KJ: Increase in suicides and mental health issues troubling, prompt action needed
Malaysia's average life expectancy at birth drops to 73.4 years
Cops urge complainant in robbery case to come forward
Motorcycle theft gang busted, six nabbed

Others Also Read