Deputy public prosecutor Budiman Lutfi Mohamed said the former prime minister relied on mere conjecture and speculation to establish that there exists a conspiracy to suppress evidence relating to the trial.
“The application is devoid of merit and fails to provide the necessary justification to allow this court (Court of Appeal) to exercise its discretionary power to adduce additional evidence,” he said in his affidavit, sighted by FMT, in response to Najib’s application.
Budiman, who is a member of the prosecution team that conducted the SRC trial, said Najib’s application therefore must be dismissed.
A Court of Appeal bench is to hear the application tomorrow, which is also on the eve of the scheduled verdict by a three-member bench, led by Abdul Karim Abdul Jalil, on the outcome of the SRC appeal.
Budiman said the application failed to establish any exceptional circumstances to add further evidence in the SRC case.
“The prosecution states this application is to delay the decision of the court by reopening the entire case,” he added.
Najib filed a notice of motion on Dec 1 to bring up evidence from Malaysian Anti-Corruption Commission (MACC) chief Azam Baki and SRC investigating officer Rosli Hussein or others deemed fit by the court.
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 obtained a fair trial by producing all evidence.
He said the MACC had, on Nov 19, confirmed that RM65 million in 1MDB-linked funds were recovered from Cutting Edge Industries, a company in Singapore controlled by Tawfiq Ayman and his business partner, Samuel Goh.
Tawfiq is the husband of former Bank Negara Malaysia (BNM) governor Zeti Akhtar Aziz.
It was reported earlier this year that Iron Rhapsody, owned by Tawfiq and his son, received a total of RM66 million from companies and bank accounts linked to fugitive financier Low Taek Jho, or Jho Low, who is at the centre of the 1MDB scandal.
Singapore police were also reported to have informed BNM in 2015 and 2016 of these suspicious transactions involving companies owned by Tawfiq, with the funds coming from accounts linked to Low. Zeti was the BNM governor at the time.
Budiman in the affidavit said Najib’s application was deliberately timed and not due to subsequent unravelling of events.
He said Zeti had been offered as a witness when Najib was ordered to enter his defence.
“The applicant (Najib) chose not to call or interview her for the purpose of calling her as his witness,” he added.
Budiman said at best, Zeti’s evidence was only relevant to the on-going 1MDB trial and not the SRC appeal.
He said the recent explanation by law minister Wan Junaidi Tuanku Jaafar and former attorney-general Tommy Thomas did not support the contention or prove that the prosecution had actively concealed evidence that favoured Najib.
“Furthermore, Thomas’ explanation when read in its entirety does not confirm that Zeti and Tawfiq had facilitated Jho Low in 1MDB. Further, his explanation states that investigations have not been completed,” Budiman added.
Najib is appealing to quash his conviction on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC International funds.
Last year High Court judge Mohd Nazlan Mohd Ghazali sentenced him to 12 years’ jail and fined him RM210 million after finding him guilty on all seven charges.
Najib was accused of abusing his power as the prime minister by giving government guarantees on SRC International’s RM4 billion loan from the Retirement Fund Inc (KWAP).
He was also slapped with three counts of CBT and three money laundering charges in relation to RM42 million belonging to SRC International, a former unit of 1MDB.
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