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
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.
1. 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).
2. More surprisingly is that the MACC statement said that Cutting Edge Industries is jointly owned by Tawfik Ayman and Samuel Goh.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.