Najib had not shown any exceptional circumstances to enable additional evidence to be added to the case before the Court of Appeal gives its decision.
Former prime minister Datuk Seri Najib Razak is just attempting to slow down and delay the Court of Appeal’s decision this Wednesday in his case involving the misappropriation of RM42 million belonging to former 1Malaysia Development Berhad unit SRC International Sdn Bhd, the prosecution has said in a court document.
In opposing Najib’s last-minute application filed just last week (December 1) to bring in new evidence into court for the SRC case, the prosecution in an affidavit said such purported evidence was irrelevant to the case as all the available and relevant evidence had already been produced in court previously.
In an affidavit in reply by deputy public prosecutor Budiman Lutfi Mohamed, he told the Court of Appeal that the prosecution had not concealed any relevant facts during the SRC trial at the High Court or during Najib’s appeal at the Court of Appeal.
“I aver that all available evidence was before the trial court and the Court of Appeal to determine these appeals, and no relevant additional evidence is required for the fair disposal of this case,” he said.
Budiman also argued that Najib had not shown any exceptional circumstances to enable additional evidence to be added to the case before the Court of Appeal gives its decision on December 8, which will be just two days later.
“The prosecution states that this application is to delay the decision of these appeals by reopening the entire case,” Budiman argued, basing this on the court orders that Najib is seeking by asking for more evidence to be added.
Budiman argued that Najib knew about the allegations relating to the purported new evidence since January 2021, suggesting that Najib’s application just days before the Court of Appeal’s scheduled decision was “deliberately timed” and not due to these allegations being known subsequently.
If Najib’s intentions were genuine, Budiman said Najib could have instead filed the application to add in the purported new evidence as early as January 2021, which was even before the appeal hearing at the Court of Appeal began in April 2021.
“The applicant took close to 11 months from January 2021 and a few days before the Court of Appeal is scheduled to deliver its decision on the applicant’s appeal to file this application,” he said, referring to Najib as the applicant.
“This deliberate delay and the irrelevance of the so-called fresh evidence to the charges demonstrates that this is a mala fide application,” he said, calling Najib’s application as one done in bad faith.
Responding to a paragraph in Najib’s affidavit where the politician apologised for any inconvenience caused and asking the Court of Appeal to hear the new evidence application at the earliest date to avoid delays, Budiman disagreed and said that Najib’s application was “wilfully filed to delay the judicial process of these appeals”.
Najib’s application to add in evidence to his SRC appeal was filed on December 1, which is about six months after the Court of Appeal had concluded hearing the appeal.
Najib’s application was also filed after the Court of Appeal’s November 23 announcement that it would deliver its decision on the appeal on December 8. – MMO