Datuk Seri Najib Razak (The Edge filepix by Zahid Izzani)
KUALA LUMPUR (Aug 16): Former premier Datuk Seri Najib Razak’s bid to adduce fresh evidence in his final appeal on the SRC International Sdn Bhd matter is expected to conclude this morning, with Najib’s lead counsel Hisyam Teh Poh Teik set to wrap up the defence’s submissions for the application.
In the application, which is being heard before a five member bench led by Chief Justice Tun Tengku Maimun Tuan Mat, along with the No. 4 in the judiciary who is the Chief Judge of Sabah and Sarawak, Tan Sri Abang Iskandar Abang Hashim; and three Federal Court judges, namely Datuk Nalini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd Diah, Hisyam will be replying submissions made by ad-hoc prosecutor Datuk V Sithambaram yesterday (Monday, Aug 15).
In his submissions yesterday, Sithambaram told the court that two loans given out by Maybank (Maybank Investment Bank Bhd) to 1Malaysia Development Bhd (1MDB) and Putra Perdana Development Sdn Bhd (PPD) were irrelevant to the charges faced by Datuk Seri Najib Razak in the SRC International Sdn Bhd trial.
He said there was no conflict of interest on the part of the trial judge in the SRC case, Datuk Mohd Nazlan Mohd Ghazali, just because Nazlan had previously served as Maybank’s general counsel.
It is Najib’s contention that Nazlan — who sentenced him to 12 years jail and a RM210 million fine at the High Court stage of the SRC International trial — had a conflict of interest in hearing the case. This is because during Nazlan’s tenure as general counsel and company secretary of Maybank from 2006 to 2015, the bank had given the RM140 million loan to PPD — where SRC was a beneficiary — as well as the RM4.17 billion loan to 1MDB for the acquisition of Tanjong Energy Holdings Sdn Bhd.
Earlier in the day, Hisyam had argued that during Nazlan’s tenure as general counsel and company secretary of Maybank from 2006 to 2015, the bank had given the RM140 million loan to PPD — where SRC was a beneficiary — as well as the RM4.17 billion loan to 1MDB for the acquisition of Tanjong Energy.
Once the submissions finish, the five judge bench will deliberate and give a timeframe for when its decision will be given.
Should Najib fail in this application, his appeal proper will commence before the court. However, it was previously indicated by Najib’s legal team that they will seek an adjournment to the main appeal, as they need time to prepare.
It should be noted that Hisyam was hired at the 11th hour before the appeal after Najib had dismissed his initial counsel Tan Sri Shafee Abdullah and Harvinderjit Singh weeks ago, replacing them with Messrs Zaid Ibrahim Suflan T H Liew & Partners.
The hearing begins at 9.30am.
