KUALA LUMPUR: Datuk Seri Najib Razak has withdrawn allegations of bribery against Datuk Mohd Nazlan Mohd Ghazali, the former High Court Judge who convicted and sentenced him to 12 years jail and RM210 million fine for misappropriating RM42 million of SRC International Bhd funds.
The former prime minister withdrew the allegations in his latest affidavit which was filed at the Federal Court on Friday by his new lawyers Messrs Zaid Ibrahim Suflan T H Liew & Partners.
He referred to the withdrawal of the bribery allegations twice in the affidavit, first stating: "For the record, I categorically withdraw any interpretation of what I said which may be taken to mean that Justice Nazlan was investigated for possible bribery."
He then went on to withdraw the allegation again in paragraph 105 of his 65-page affidavit which contained both Bahasa Malaysia and English versions.
The second reference to the withdrawal read: "As regards to the allegations of bribery, I again state that I withdraw them."
Prior to this Nazlan, who is now a Court of Appeal judge, had come under intense fire following allegations of so-called unexplained money in his personal bank account.
The allegations were ramped up by Manchester-based blogger Raja Petra Kamarudin, who in a posting on April 19 claimed Nazlan was being investigated for over RM1 million he allegedly received from 1Malaysia Development Bhd (1MDB) linked fugitive Low Taek Jho @ Jho Low.
He also alleged that Nazlan was "very much" a part of the 1MDB money heist.
Following the allegations, Nazlan lodged a police report on April 21, denying the accusations which he said were malicious, baseless and aimed at tarnishing his credibility as a judge.
Nazlan had then urged the police to investigate the matter under Section 500 of the Penal Code for defamation and Section 233 of the Communications and Multimedia Act.
Since then, the Malaysian Anti-Corruption Commission (MACC) has also concluded an investigation into the case and announced that the investigation paper had been submitted to the Attorney-General Chambers.
Meanwhile, Najib in the same affidavit, maintained that he should be accorded a fresh trial as Nazlan had committed conflict of interest by presiding over the hearings without disclosing his previous job as company secretary and group general counsel for Maybank.
The former Umno president argued that funds which ended up in his personal account originated from a loan of RM140 million given to 1MDB by Maybank when Nazlan was still at the bank. He argued that Nazlan should therefore have recused himself from hearing the SRC case.
"(Nazlan's) special knowledge places a duty upon him to specifically disclose to the parties his conflict of interest in the SRC trial at the first instance," he said, adding that Nazlan's failure to do so invalidated the entire proceedings.
Najib also contended that he was under no duty to inquire whether Nazlan was involved in, or had knowledge of, matters which ought to have disqualified him from presiding over the SRC International trial.
"It is a wholly alien and, in fact, entirely startling idea that a party is required to carry out 'due diligence' on a High Court judge before a trial," he said in his affidavit.
Najib was convicted and sentenced by Nazlan on July 28, 2020 after a 76-day trial. He subsequently appealed against the decision but this was unanimously dismissed by a three-man bench of the Court of Appeal on Dec 8 last year.
He is now facing the last chance to clear his name at the Federal Court during hearing dates which have been fixed from Aug 15 to 26.
The Pekan member of parliament has since filed a motion at the Federal Court seeking to adduce fresh evidence from several witnesses, including four MACC officers, which he said will establish Nazlan's conflict of interest.
Najib has since also appointed a new team of lawyers to represent him with senior counsel Hisyam Teh Poh Teik leading the team.
The prosecution is led by ad hoc Deputy Public Prosecutor Datuk V. Sithambaram, assisted by DPP Mohd Ashrof Adrin Kamarul and others.
