PUTRAJAYA: The Federal Court has dismissed an appeal by Datuk Seri Najib Razak who is seeking to adduce new evidence in his RM42mil SRC International Sdn Bhd case.

       A five-man panel, chaired by Chief Justice Tengku Maimun Tuan Mat, said Najib's defence team was given sufficient time to submit and address the court in its application.

       Based on the court recording and transcription (CRT) system, Tengku Maimun said the defence was given one hour and 22 minutes to submit while the deputy public prosecutor was given 63 minutes.

       "We therefore find the appellant (Najib) suffered no prejudice and was not denied the right to be heard," she said in an open court proceeding here on Wednesday (March 16).

       On Tuesday (March 15), Najib's lead counsel Tan Sri Muhammad Shafee Abdullah submitted to the court that the defence was deprived of a fair hearing at the Court of Appeal as it had to scramble for time to do the submission after a team member tested positive for Covid-19.

       The lawyer said they had requested a 10-day adjournment as most of them were close contacts but this was denied by the appellate court.

       They were not allowed to enter the court premises, as per the Covid-19 standard operating procedures then, and were compelled to take part in hybrid proceedings.

       On this issue, the CJ said it was purely up to the discretion of the court to grant an adjournment and this power must be exercised judiciously.

       She said the Court of Appeal was correct in invoking Section 15A of the Courts of Judicature Act 1964 and called for hybrid proceedings as the law provision was passed precisely to overcome such issues by enabling virtual attendance as opposed to physical attendance.

       The court also noted that the motions, which were the subject of the appeals, were filed at the eleventh hour (on Dec 2) when parties were already informed that a decision in Najib's appeal had been fixed for Dec 8.

       "Any technicalities relating to access to documents were capable of being resolved by using technology, bearing in mind it was the appellant who filed the application so close to the date of the decision on the substantive appeals.

       "In the circumstances, we find that the appellant was not deprived of his right to be heard nor was his right to a fair trial infringed," she added.

       On the merits of the fresh evidence application, CJ Tengku Maimun said Najib's application failed to specify the rationale for calling the additional witnesses or to what fact exactly these witnesses would testify.

       "In any event, we find that the witnesses were available during trial and in fact, were offered by the respondent for cross-examination and interview.

       "The appellant, however, declined to exercise those options," she added.

       The Federal Court was of the view that Najib's application did not comply with the needed legal requirement and as such, was without merit.

       "Based on the foregoing, we find the Court of Appeal was correct in its decision that the fresh evidence applications were of no merit.

       "We do not find any appealable error. In the circumstances, these appeals are hereby dismissed," she said.

       Other judges on the bench were Court of Appeal president Justice Rohana Yusuf, Chief Judge of Malaya Justice Azahar Mohamed, Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Mohd Zawawi Salleh.

       Former prime minister Najib had on Dec 1 filed an application seeking for the Court of Appeal to allow and direct for the viva voce evidence (oral evidence) of Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki, among others, to be taken for the purpose of his SRC International appeal at the appellate court.

       The application was dismissed by the appellate court on Dec 7, on grounds that Najib had failed to prove exceptional circumstances for the evidence to be adduced.

       A day after (Dec 8), the Court of Appeal affirmed a High Court decision to convict and sentence Najib on seven charges relating to the misappropriation of RM42mil from SRC's funds.

       He was sentenced to 12 years' jail and a fine of RM210mil.

       The main appeal on the conviction and sentence is yet to be heard by the Federal Court.