THE Federal Court has unanimously rejected former prime minister Datuk Seri Najib Razak’s application to adduce new evidence in his final appeal to prove that judge Datuk Mohd Nazlan Mohd Ghazali was under a serious conflict of interests when presiding over the SRC International trial two years ago.
Chief Justice Tun Tengku Maimun Tuan Mat – who led a five-member bench – said Najib has failed to show the relevance of the new evidence against his charges.
Other members of the bench are Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and the Federal Court’s Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan, and Datuk Mohamad Zabidin Mohd Diah
“It is not as if justice Nazlan’s previous role was a secret that his subsequent involvement came as a surprise,” Tengku Maimun said when delivering her judgement.
“We also find no nexus of justice Nazlan’s previous employment in the bank and charges against the applicant as to suggest a conflict of interest.
“Whether Justice Nazlan’s findings are correct, on the evidence on record, is the subject for consideration in the main appeals.
“Viewed in this light, the entirety of the additional evidence sought to be introduced, is in our view, irrelevant to the charges preferred against the applicant and fails to disclose any conflict of interest on the part of Justice Nazlan.”
In his application, Najib is contending that Nazlan ought to have recused himself from presiding over the trial due to a conflict of interests arising from events which took place when he was general counsel and company secretary of Maybank Group.
The defence had argued that there was a real danger of “bias” due to Nazlan’s supposed involvement in the bank’s RM140 mil loan to Putra Perdana Development Sdn Bhd and RM4.17 bil loan to 1Malaysia Development Bhd (1MDB).
In July 2020, Najib was convicted on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC funds amounting to RM42 mil.
His conviction was upheld by the Court of Appeal on Dec 8 last year.
The court also upheld Najib’s 12-year jail sentence and RM210 mil fine. However, Najib was released on bail pending his final appeal before the Federal Court. – Aug 16, 2022
