THE Federal Court has allowed Najib Razak’s bid to amend his application to adduce new evidence to be heard in his SRC International case, which pertains to then high court judge Mohd Nazlan Mohd Ghazali.

The former prime minister’s lead defence counsel Hisyam Teh Poh Teik submitted that the evidence relating to trial judge Mohd Nazlan Mohd Ghazali’s purported conflict of interest was not made available to them during the criminal trial.

In his submission, Hisyam said that anonymous envelopes sent to Najib between May 9 and July 7 were not made available or were not supplied at the trial (SRC).

“Najib was also unaware of the knowledge and establishments of SRC and loans extended to PPB and IMDB during his (Nazlan) employment wtih Maybank.”

The submission was presented by Najib’s lawyers on fresh evidence, as part of a larger bid to nullify his conviction where he was found guilty of all seven criminal charges for having received RM42 million in funds from SRC International on July 28, 2020.

Hisyam also said Najib had fulfilled the requirements under Section 93 of the Courts of Judicature Act.

“This additional evidence shall determine whether the trial judge could have been a potential witness in the SRC case and disqualified to preside over the trial.

“The respondent (prosecution) had not questioned the credibility of the evidence that was now being sought.

“The new evidence is necessary so that there will not be a miscarriage of justice,” he said.

Chief Justice Tengku Maimun Tuan Mat and four other judges heard Najib’s application to introduce new evidence in his SRC International Sdn Bhd case and thus seek a retrial.

The panel – which also includes Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges Nallini Pathmanathan, Mary Lim, and Mohamad Zabidin Mohd Diah – will hear counsel say that Nazlan had the overall responsibility for the management and administration of all legal departments within the entire group.

Najib was sentenced to 12 years in prison and a fine of RM210 million, which was stayed pending the outcome of his appeals. – August 15, 2022.