Malay Mail Online reported the following in mid-morning today:
Just days before SRC appeal decision, Najib asks court to take new evidence from MACC chief, investigator
Malay Mail Online
Thursday, 02 Dec 2021 10:08 AM MYT
BY IDA LIM AND KENNETH TEE
KUALA LUMPUR, Dec 2 — Former prime minister Datuk Seri Najib Razak has asked the Court of Appeal to allow new evidence to be included in his appeal against his conviction, fine and jail sentence for misappropriating RM42 million from former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd.
Najib’s application was filed yesterday, or just seven days before the Court of Appeal was scheduled to decide his appeal on December 8.
Based on court documents sighted by Malay Mail, Najib is applying for the Court of Appeal to allow and to direct for viva voce evidence to be taken from Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Azam Baki, or essentially for the anti-corruption chief to be asked to give oral evidence in relation to the SRC case.
Najib is also applying for further oral evidence to be taken from MACC investigating officer Rosli Hussein in the SRC case.
Azam has not testified in the SRC case, while Rosli previously testified as a witness in court in the SRC case.
In the same application, Najib asked the Court of Appeal to allow the addition to his SRC appeal of viva voce or oral evidence from “any other witness” or “any other additional or further evidence” which may arise based on his affidavit or as the court sees fit and appropriate.
Najib also asked for the contents of his affidavit in support and the attached supporting exhibits to be included as additional and further evidence in the SRC appeal.
He also asked the court to direct additional evidence to be included in the SRC appeal’s records of appeal and for the SRC appeal to be “set for continued hearing”.
In other words, he asked the Court of Appeal to continue hearing the SRC appeal. The hearing, which went on for 15 days, ended last May 18.
Najib claims acted without delay, wants application heard before SRC decision
In an affidavit filed in support of his application, Najib said the viva voce evidence should be taken from the two MACC officers and to be included in his appeal in the SRC case, adding that he believed that their additional evidence would be necessary in the interest of justice.
In his affidavit, Najib also commented on the timing of his application to ask for new evidence to be added to the SRC appeal, claiming that he had filed it without delay as soon as he could.
“I humbly state that this application has been made by me without delay as soon as I was made aware of and was able to accumulate all the necessary information and documents which I shall outline herein,” he said.
Najib claimed that such information was not available or could not be obtained during his SRC trial at the High Court and when the Court of Appeal previously heard the appeal.
He further claimed that he was unable to “uncover” such evidence and accused the prosecution, the MACC and Bank Negara Malaysia (BNM) of “actively concealing them”.
While acknowledging that a date has already been fixed for the Court of Appeal’s decision in his SRC appeal, Najib claimed that the additional evidence that he wants to be included will have a material effect on his case.
He said that all crucial material should be presented to the court for a just decision to be achieved.
He argued that such evidence is necessary to be added on in the interest of justice and as his life and liberty is at stake.
Among other things, Najib wants the Court of Appeal to consider including further evidence before deciding on his SRC appeal, with such alleged further evidence relating to former BNM governor Tan Sri Zeti Akhtar Aziz as well as her alleged links to Low Taek Jho via her family’s alleged receipt of funds from the latter and also regarding the recovery of US$864,813.27 in 1MDB funds from SRC former CEO Nik Faisal Ariff Kamil.
Najib insisted that he had believed the RM42 million of SRC funds banked into his bank accounts in 2014 and 2015 were donations from the Arab royalty.
He said he believed that the High Court would have arrived at a different decision in his favour if such evidence had been produced during the trial and would allegedly also raise reasonable doubt in the prosecution’s case at both the High Court and Court of Appeal level.
Najib also asked for the Court of Appeal to decide on this application before delivering its decision on his appeal against the SRC conviction.
“I profusely apologise to this honourable court for any inconvenience occasioned, and I seek for this application to be heard at the earliest date possible, in any case prior to this court rendering any judgment, to prevent any delay towards the judicial process in the appeals,” he said in the affidavit.
Excluding today, there would be just three week days left before the December 8 decision by the Court of Appeal.
Malay Mail has confirmed with the prosecution team that the application was filed by Najib yesterday.
The judiciary had on November 23 announced that the Court of Appeal would deliver its decision on Najib’s SRC appeal on December 8.
The Court of Appeal on November 24 was also reported to have rejected Najib’s November 23 application to postpone the SRC appeal decision date, and instructed for all parties to be present at the Court of Appeal in Putrajaya on the scheduled date of December 8.
Najib’s lawyer had at that time applied for the December 8 decision date to be rescheduled, saying that his client would be in Singapore until December 5 and would be required to undergo a seven-day quarantine until December 12 and would only be able to attend court from December 13 onwards.
Previously, Najib was allowed to have his passport released temporarily from October 25 to December 6, with his lawyers informing the court that this was to enable his travel plan then of being in Singapore on November 21 until December 5.
It is unclear if Najib is currently in Singapore or Malaysia, or if he has made changes to his travel schedule that was informed to the court previously.
Najib had on November 27 gave a press conference outside the Dang Wangi district police station after lodging a police report there over the alleged suppression of evidence that could be used for his SRC and 1MDB trials, while his son Nor Ashman Razak had on November 29 posted on Instagram Stories with the words “Off to Singapore!!” as he tagged Najib.
On November 29, Najib’s daughter Nooryana Najwa — who is living in Singapore — posted a photo on Facebook showing her newborn child being held by Najib with his wife Datin Seri Rosmah Mansor by his side.
On July 28, 2020, the High Court convicted Najib over all the seven charges — covering the offences of criminal breach of trust, power abuse, money laundering — in relation to SRC International’s RM42 million.
The High Court sentenced Najib to a 12-year prison term and a fine of RM210 million with an additional five years if the fine is not paid for the power abuse charge, as well as jail terms of 10 years each for each of the six other charges.
But with the High Court ruling that the prison terms are to be served concurrently, this would mean that Najib would only have to serve a maximum of 12 years. Najib has appealed the entire High Court decision, including the conviction and sentencing.
At 3 PM today, Tan Sri Shafee Abdullah called for a press conference today which confirmed the report.
He revealed Zeti and family were a recipient of monies from Jho Low. So did Tan Sri Nor Mohamed Yakcop and mandated manager of his account, Nik Faisal. And, all the parties need to bury Najib to cover their wrongdoings of receiving illicit money.
The prosecution had concealed evidences from the defense making a victim of the accused. There is also the failure of law enforcement to complete investigation before proceeding to prosecute.
The press release are provided below:
- On 19.11.2021 the Malaysian Anti-Corruption Commission (MACC) issued a press release on recovery of fund assets of 1Malaysia Development Bhd (1MDB) from inter alia Singapore. It was stated therein that previously, the Government of Singapore had repatriated a sum of USD15,4000,000.00 to Malaysia relating to an account of Cutting-Edge Industries Ltd. belonging to inter alia Tawfiq Ayman, the husband of Tan Sri Zeti Akhtar Aziz, the former Governor of Bank Negara Malaysia (BNM).
- More surprisingly is that the MACC statement said that Cutting Edge Industries is jointly owned by Tawfik Ayman and Samuel Goh.
- Samuel Goh had testified in Singapore courts in the year 2016 that he was paid US$4 million to set-up the fake offshore accounts which 1MDB transferred billions of Ringgit to which eventually found its way to Jho Low and his cohorts.
- In the same press statement, the MACC had also announced that a sum of USD864,813.27 had been returned to Malaysia from the Singaporean government belonging to former Chief Executive Officer of SRC International Sdn. Bhd. Nik Faisal Ariff Kamil.
- Arising out of the MACC press statement, on 22.11.2021 responding to a question in parliament, Law Minister Datuk Seri Dr. Wan Junaidi Tuanku Jaafar was asked about the issue of the 1MDB related monies being remitted to the accounts of the former BNM Governor’s family members and revealed that this information had been known by the Royal Malaysian Police Department since 2019 during Dato’ Sri Najib Hj. Abd Razak’s SRC trial in the High Court.
- Furthermore, on 24.11.2021 former Attorney General Tan Sri Tommy Thomas, during an interview, candidly admitted to knowledge of ‘the role of Zeti and her husband in facilitating Jho Low’ regarding 1MDB. Tommy Thomas further revealed that there were investigation papers opened by the MACC against the former BNM Governor during his tenure as the Attorney General.
- The information recently disclosed above are of material relevance to our client’s defence and appears to have been supressed from our client despite the same being available at the time of his SRC trial that has the effect of prejudicing his defence.
- The material relevancy of the information is that:
a) Dato’ Sri Najib’s defence has always been that at all material times, he was informed that the money entering his personal accounts were derived from donations of the Saudi Arabian Royal family and that if he knew that funds were channelled from elsewhere (such as 1MDB or SRC) he would have immediately taken corrective action and reported the same to the authorities;
b) At the SRC Trial evidence was led which confirmed that in 2011, Dato’ Sri Najib had informed a then director of AmBank Cheah Tek Kuang to ensure that all rules and regulations were complied with when opening and operating the accounts;
c) Cheah Teck Kuang confirmed on oath that he duly informed Tan Sri Zeti of the opening of our client’s bank accounts in AmBank for the purpose of receiving donations from Arab Royalty;
d) Dato’ Sri Najib has also gone on record saying that he on at least one occasion, had duly informed Tan Sri Zeti of the purpose of opening the AmBank accounts and that it was to enable her to maintain oversight over the accounts as the top banking regulator in the country. She was specifically tasked by Dato’ Sri Najib to monitor his accounts.
e) As matters proceeded, witnesses from AmBank in the SRC Trial confirmed that all remittances to our client’s account were reported to BNM including the remittance of USD 620 million and RM42 million alleged to be from 1MDB/SRC;
f) Dato’ Sri Najib has maintained that he had relied on BNM and the then Governor to raise issue in the event there were anything irregular happening with his accounts. Neither BNM nor Tan Sri Zeti herself alerted him to any irregularities, he had a genuine belief that all moneys entering his account were from donations from the Saudi Arabian royal family;
g) In fact, witnesses from MACC and Ambank had testified in the SRC case that as much as RM642 million were transferred directly from Saudi Arabia including from bank accounts owned by the Saudi Arabia Ministry of Finance to Dato’ Sri Najib’s account which were then fully spent on various CSR projects and programs.
h) The evidence that was disclosed at trial revealed that Jho Low was actively concealing the true nature of the account from our client through his various co-conspirators;
i) Accordingly, with the recent revelations by the MACC and Tan Sri Tommy Thomas regarding Tan Sri Zeti “facilitating” Jho Low, such evidence is material to why no red flags were raised to Dato’ Sri Najib on any irregularities on the accounts;
j) The above explains and materially justifies his defence that there were concerted efforts to keep him in the dark by Jho Low and the conspirators.
The recent revelation that Nik Faisal Arif Kamil had also received funds from Jho Low through 1MDB also adds to a case for the defence as Nik Faisal was tasked with managing the AmBank accounts on Dato’ Sri Najib’s behalf and to similarly inform him of any irregularities.
- Further to the matters stated, Dato Sri’ Najib has also raised concerns that the former BNM Governor was also appointed to the Council of Eminent Persons by the Pakatan Harapan Government who then emplaned a “1MDB task force” to investigate matters involving 1MDB and SRC International.
- Another matter which was not filed yesterday was that we have received information that another prosecution witness which was pulled from testifying at the last minute had similarly received up to RM85 million via proxy accounts in Singapore.
- Dato’ Sri Najib had made a police report on this a few days back and we are now compiling evidence and may make a further submission in the coming days as he played a key role in evaluating and recommending SRC to be given the RM4 billion government guarantee.
- Considering the recent revelations, there is a real danger that the investigations that took place by the 1MDB task force were either incomplete or catered in a manner to place blame on Dato Sri Najib while hiding the involvement of other personalities raising the question whether the evidence provided to him at trial were complete or in fact, filtered.
- Such concealment of evidence and failure to complete investigations on key actors in the SRC chain of events means that Dato Sri Najib would have been prematurely charged and deprived of a full and complete trial.
- Therefore, as a matter of urgency we are instructed, which we have done so, to file before the Court of Appeal a motion to admit further evidence to be recorded and considered by the judges at the Court of Appeal before delivering a decision.
- We note that the motion comes at a time where the decision of the SRC Appeal is days away, however the very recent revelations by key agencies and personalities such as the former Attorney General has created a situation that cannot be left ignored or unanswered in defence of Dato’ Sri Najib in all the charges before him.
- However, in order to prevent any delay (if any) towards the judicial process, we will be seeking for an urgent hearing on our motion to facilitate matters and we seek patience from those interested in the developments in this case.
Messrs Shafee & Co.
Solicitors for Dato Sri Najib Hj Abd Razak
Dated: 2nd December 2021
Court of Appeal judges must have the balls to not absolve responsibility to the Federal Court judges. If they abide by rule of law, Najib should be acquited.
If judges have no guts to dispense justice and declare mistrial, the least they could do is send the case back to High Court for retrial. With investigation incomplete, how then?
Its only about truth and justice. No idolation of leaders.
Source : Another Brickin Wall
Rule Of Law : 10 Legal Reasons Why Najib Razak Must Be Acquitted & Discharge Immediately
10 THINGS ABOUT NAJIB’S SRC TRIAL
1.0 NAJIB WAS NOT CHARGED FOR STEALING RM42 MILLION. HE WAS CHARGED FOR ABUSING HIS POWER IN YEAR 2011 BY ATTENDING A CABINET MEETING WHERE A RM4 BILLION GOVERNMENT GUARANTEE WAS GIVEN TO SRC
The person who evaluated SRC and proposed the RM4 billion guarantee to be given was the economics minister Nor Mohd Yakcop, who was revealed last week to have conspired with Jho Low to take RM85 million from 1MDB in year 2009 which he hid in a proxy account under his name in Singapore.
However, this information about Nor Yakcop was hidden by hte prosecutors and the public until a 14 page MACC investigation paper completed in year 2019 – which explains why the prosecutors pulled Nor Yakcop from testifying in court at the last minute despite his key role.
However, the Court of Appeal made a decision yesterday that this new evidence regarding Nor Yakcop is not relevant to their decision on Najib.
2.0 NAJIB WAS THEN CHARGED FOR AMLA BECAUSE RM42 MILLION ENTERED HIS BANK ACCOUNTS VIA SEVERAL TRANSACTIONS FROM END OF YEAR 2014 TO THE 1ST HALF OF 2015 – ABOUT 4 YEARS AFTER HE HAD ALLEGEDLY ABUSED HIS POWER IN 2011 WHEN HE PARTICIPATED IN OR WAS INVOLVED IN THE CABINET MEETING TO GRANT THE RM4 BILLION GOVERNMENT GUARANTEE.
This RM42 million was approved to be paid for CSR activities by SRC to its subsidiary Gandingan Mentari which then paid Ihsan Perdana who in turn deposited it via several transactions to Najib’s accounts.
The prosecutors have never proven that Najib ever instructed or asked for this money.
Najib then spent the RM42 million on various CSR activities directly or via programs done by his political parties – the same way as he had spent RM642 million that the courts were told by MACC and Ambank that Najib received directly from the Saudi Arabia Ministry of Finance bank accounts.
When sentencing Najib, the judge said that it was not his right to spend this RM42 million on charity.
“RM42 million not yours to give to charity, judge tells Najib”
This is why Najib was charged under AMLA or movements of illegal funds – not under Criminal Misappropriation like Guan Eng in the Penang Tunnel case which involves stealing the money for personal use.
3.0 IF THE COURT OF APPEAL UPHOLDS THE DECISION OF THE HIGH COURT THEN IT MEANS THAT ANYONE WHO EVER PARTICIPATED IN A MEETING CAN BE CHARGED SHOULD FUNDS RELATED TO THAT MEETING EVER FINDS ITS WAY TO THEIR BANK ACCOUNTS MANY YEARS LATER EVEN IF THEY NEVER ASKED FOR IT, NEVER INSTRUCTED IT OR HAD KNOWLEDGE ABOUT IT.
In fact, Najib had written more than 30 cheques that would have bounced but it was covered by the bank officer in Ambank and by Jho Low to stop it from bouncing.
No one would have written cheques that would have bounced if they had knowledge of their actual bank account balance.
In Najib’s case, the management of his bank account was given to his officers.
4.0 THE JUDGE AGREED THAT FORMER BNM GOVERNOR ZETI WAS THE ONE WHO ASKED NAJIB TO OPEN AN ACCOUNT IN HIS OWN NAME AND WAS ASKED BY NAJIB TO MONITOR HIS BANK ACCOUNTS FOR SUSPICIOUS TRANSACTIONS BUT SAID THAT NAJIB SHOULD NEVER HAVE DELEGATED THIS MONITORING TO ZETI.
If Zeti had done his job as instructed by Najib, then the SRC money which were all transacted within our local banking system would never have made its way into Najib’s account.
It was then later revealed that the family of Zeti was similarly paid at least RM700 million by Jho Low from the year 2007 to 2013 of which RM65 million was returned.
Again this information was hidden from Najib and his defence team for year until it was exposed by a MACC statement only on 19 November 2021.
And again this explains why the prosecutors pulled Zeti Nor from testifying in court at the last minute despite her key role.,
And again, the Court of Appeal made a decision yesterday that this new evidence regarding Nor Yakcop is not relevant to their decision on Najib.
5.0 NO ONE ELSE OTHER THAN NAJIB WAS CHARGED FOR THE SRC CASE. NONE OF THE DIRECTORS, MANAGEMENT OR THE AUDITORS WERE CHARGED
In fact, in the same 19 Nov 2021 MACC statement that exposed Zeti’s family, it was also revealed that RM3 million of funds related to SRC kept in Nik Faisal’s account was also returned by Singapore to Malaysia.
Despite his key role, Nik Faisal never testified in the SRC trial. Jho Low also never testified.
And again, the Court of Appeal made a decision yesterday that this new evidence regarding Nik Faisal receiving money related to SRC/1MDB from persons unknown is not relevant to their decision on Najib.
6.0 HIDING EVIDENCE IN NAJIB’S TRIAL WILL BE UNJUST
Former law minister Zaid Ibrahim has cautioned against a miscarriage of justice in Najib Razak’s trial in the SRC International case at the Court of Appeal.
Speaking to FMT, he said the court should allow Najib’s request for new evidence to be adduced.
Any concealment or suppression of evidence that could help the former prime minister’s defence would be a miscarriage of justice, he added.
Yesterday, it was reported that Najib’s lawyers had filed an application to adduce fresh evidence, days before the Court of Appeal delivers its decision on the case.
The pieces of evidence include those from Malaysian Anti-Corruption Commission chief commissioner Azam Baki and SRC investigating officer Rosli Hussein or others the lawyers said the court might deem fit.
In his affidavit in support of the motion, Najib said all issues raised in the High Court and Court of Appeal had not been fully determined and that it was within the interest of justice that he get a fair trial by having all evidence produced.
This followed revelations that RM65 million in 1MDB-linked funds had been retrieved from a company controlled by the husband of former Bank Negara Malaysia governor Zeti Akthar Aziz.
Najib said the additional evidence from Azam and Rosli needed to be taken as it was not available during the trial.
“There are aspects to the prosecution case that are gallingly poor,” said Zaid. “Critical evidence relating to payments to Zeti’s husband was not made available to the defence and it will be unsafe to convict Najib based on the prosecution’s case as presented.
“In our criminal justice system, the prosecution must never suppress or conceal evidence that would be helpful to the defence. It would be a miscarriage of justice.”
7.0 COURT REJECTS NAJIB’S BID TO CITE NEW EVIDENCE AHEAD OF VERDICT ON SRC APPEAL
The Court of Appeal has rejected Najib Razak’s application to cite more evidence in his SRC International appeal, with its verdict to be delivered as scheduled at 9am tomorrow.
If his conviction is upheld, the defence is expected to apply for a stay of execution pending further appeal at the Federal Court.
Najib had applied to allow new evidence to be adduced in his appeal against his 12-year jail sentence and fine of RM210 million for misappropriating RM42 million in SRC International funds.
8.0 TOMMY THOMAS CONFESSED THAT THE INVESTIGATION WAS NOT COMPLETED YET WHEN THEY CHARGED NAJIB
By Tommy Thomas’s own confession, they did not yet know the whole truth at the time they arrested and charged Najib. Only after Najib was convicted did they know the whole truth. And the truth revealed today is that there are certain facts that indicate those who accuse Najib may be guilty of conflict of interest or worse.
And those with dirty hands cannot point fingers at others, especially when they point fingers at others to conceal their own crimes. Najib may or may not be guilty. But this is not about winning. It is about how you play the game. And if you win by foul means, then that win is nullified. It is as simple as that. And you do not need to be a lawyer to understand that in law the end does not justify the means.
9.0 ATTORNEY-GENERAL AND THE GOVERNMENT RIGGED NAJIB’S TRIAL
If the two Bank Negara Governors are crooks, then their evidence against Najib is highly suspect
Jho Low may have conspired with Mahathir to fix up Najib after all
Today, we are discussing the issue of Najib Tun Razak. Did Najib really steal 1MDB’s or SRC’s money? Is Najib innocent or guilty? Do you like Najib or do you hate him?
All that does not matter. Only one question needs to be asked. And that question is: did Najib get a fair trial or was crucial evidence suppressed and hidden from Najib’s defence team and from the court? And if the answer is yes, the issue of Najib’s guilt or innocence is irrelevant. That issue does not even need to be discussed.
And it appears that the Attorney-General and the government rigged Najib’s trial. They hid certain very crucial evidence from the defence team and the court. The excuse Tommy Thomas gave is that at that time the investigation was still ongoing and had not been completed yet. So they did not know these facts yet.
If that is true, why did they rush to charge Najib? Why not wait until the investigation was completed before charging Najib?
10.0 THE WHOLE TRUTH HAS NOT BEEN REVEALED AND MUCH HAS BEEN HIDDEN FROM NAJIB’S DEFENCE TEAM AND FROM THE COURT
The 14-page document below (you can download the PDF version at the link) reveals a lot of new information that has thus far not been revealed. This document is marked RAHSIA and is protected under the Official Secrets Act (OSA).
This MACC report reveals that AmBank has been implicated in the 1MDB scandal and was supposed to pay a fine of RM5 billion. However, to protect AmBank’s reputation and credibility as a witness against Najib Tun Razak, it was recommended that AmBank be made to pay back less than RM1 billion.
Cheah Teck Kuang was the Managing Director and adviser of AMMB Holdings. It was Cheah who obtained approval from the Bank Negara Governor, Zeti Akhtar Aziz, for Najib to bring the RM2.6 billion into the country and for the money to be banked into Najib’s personal bank account.
Hence the RM2.6 billion was brought into Malaysia with the full knowledge and prior consent of the Bank Negara Governor herself. And before giving her approval, Zeti had done due diligence on the source of funds to ensure the money was not obtained illegally.
Nor Mohamed Yakcop is also mentioned in this report. Nor Mohamed was the EPU minister in charge of doing the due diligence on SRC International. The MACC report said Nor Mohamed made RM85 million from the 2009 1MDB Sukuk offering, which he hid in a proxy account in Singapore.
Zeti’s husband Tawfiq Ayman’s involvement with Jho Low and how much money he received is also revealed, and which Malaysia Today had already reported earlier.
In fact, former Attorney-General Tommy Thomas declared that Zeti and her husband had facilitated or helped to perpetuate the 1MDB heist. In other words, what Tommy Thomas is suggesting is that Zeti made all the stealing possible.
However, Tommy Tomas lied when he said the MACC had not completed their investigations yet during his time as Attorney-General. According to the MACC, the report below had already been completed in 2019 during the time of the Pakatan Harapan government and when Tommy Thomas was Attorney-General.
Clearly the whole truth has not been revealed and much has been hidden from Najib’s defence team and from the court. Today, Malaysia Today is revealing what the MACC investigation revealed, and which the public is not being told. Malaysia Today is also exposing the huge discount on the fine that AmBank was given to protect AmBank’s reputation and credibility as a witness against Najib Tun Razak.