Ad hoc prosecutor V Sithambaram told the Federal Court that the channelling of funds to Zeti’s family took place in 2008 and 2009, and it was therefore unrelated to the seven charges against Najib for events that transpired between 2011 and 2015.
“SRC International only existed in 2011. And there is no link between the money received by Zeti’s family from 1MDB and the SRC funds in the accused’s (Najib) bank accounts,” he said in objecting to Najib’s appeal to adduce fresh evidence in his SRC International case.
In July 2020, Najib was convicted on seven charges of abuse of power, money laundering and criminal breach of trust (CBT) over SRC International funds amounting to RM42 million. His conviction was upheld by the Court of Appeal on Dec 8 last year.
The appellate court also upheld Najib’s 12-year jail sentence and RM210 million fine. However, Najib was released on bail pending his final appeal before the Federal Court.
Prior to the appellate court’s decision, Najib filed an application seeking to include evidence from Malaysian Anti-Corruption Commission (MACC) chief Azam Baki and investigating officer Rosli Hussein or others deemed fit by the court.
He said 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.
Najib added that MACC had, on Nov 19, 2020, confirmed that RM65 million in 1MDB-linked funds were recovered from Cutting Edge Industries Ltd, a company in Singapore controlled by Zeti’s husband, Tawfiq Ayman and his partner, Samuel Goh.
Meanwhile, Najib’s lawyer Harvinderjit Singh told the court that the defence had been deprived of a “fair hearing” from the Court of Appeal in its bid to include fresh evidence.
He said the defence wrote to the court on Dec 6 last year, a day before the hearing, seeking to adjourn the application as several members of Najib’s legal team had tested positive for Covid-19 and other members were placed under quarantine.
Harvinderjit added that the court did not grant an adjournment and proceeded to hear the application on Zoom and subsequently disposed of the case.
“Lead counsel (Shafee Abdullah) attended the hearing and submitted on the application without access to the documents in the office,” he said.
Harvinderjit also pointed out that the Court of Appeal had “prejudged” Najib’s application, citing it as a delay tactic.
“The court took this opportunity to further double down on its ruling by directing that parties have a maximum of one hour each to submit,” he said.
Chief Justice Tengku Maimun Tuan Mat, who chaired the panel, then questioned Sithambaram on Harvinderjit’s argument that the defence was denied a fair trial.
Sithambaram replied that the issue did not arise.
“There was no ‘double treatment’ as we were treated the same.
“In fact, I offered myself to submit the application, alone in a room without any help but the offer was not taken up,” he added.
The hearing continues tomorrow.
Other judges who are hearing the appeal are Court of Appeal president Rohana Yusuf, Chief Judge of Malaya Azahar Mohamed, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, and senior Federal Court judge Zawawi Salleh.