Days before the Court of Appeal is set to deliver its verdict on Najib Abdul Razak’s appeal in the RM42 million SRC International graft case, the former premier is seeking to tender new evidence to support his defence.

Through a Notice of Motion filed at the Court of Appeal, Najib is seeking to adduce the viva voce evidence of MACC chief commissioner Azam Baki, the graft buster’s investigating officer Rosli Hussein and several other witnesses.

The Court of Appeal has fixed Dec 8 to deliver its decision on Najib’s appeal to quash the High Court's guilty verdict as well as the 12-year jail term and RM210 million fine in the SRC corruption case.

According to a copy of Najib’s affidavit in support of the application made available to the media today, the former premier explained that he seeks the adducing of the new evidence following the revelation by MACC that Singapore had repatriated to Malaysia US$15.4 million in 1MDB-linked funds that involved a company co-owned by Tawfiq Ayman, the husband of former Bank Negara (BNM) governor Zeti Akhtar Aziz.

Najib claimed that the evidence was not available during the SRC criminal trial before the Kuala Lumpur High Court and that the new evidence is "materially relevant" to the issues linked to the case.

"I verily believe that the evidence that has now been credibly discovered and verified reveals the complicity of Zeti in Jho Low’s (1MDB-linked fugitive) schemes.

"I verily believe that despite the matters being reported to BNM and Zeti personally, Zeti’s role in facilitating Jho Low resulted in no red flags or irregularities being raised on matters relating to the transactions in my (bank) accounts from 2011 to 2015 and further provided means for Jho Low to carry out his manipulations.

"I verily believe that had such evidence been adduced during the trial, the trial court would have arrived at different findings in my favour and resultantly reasonable doubt would have been found to have been raised against the prosecution's case on all the charges, both at the trial court and this honourable Court (of Appeal)," he contended.

In the affidavit, the former premier also "profusely apologised" to the Court of Appeal for any inconvenience caused by the timing of the application, explaining that it was made without delay after he became aware of the new evidence.

"I humbly state that this application has been made by me without delay as soon as I was made aware of and was able to accumulate all the necessary information and documents which I shall outline herein.

“Although a date for the decision on the appeal has been fixed, noting the matters herein, I humbly state that the evidence will have material bearing on the subject matter of the appeal and ought to therefore be admitted and adduced in the appeal for all crucial materials to be brought before this honourable court to enable a just decision to be arrived at in the appeal.

"I respectfully state therefore that as my liberty and livelihood is at stake, noting the matters outlined herein, it is necessary for the evidence to be permitted to be adduced and adduced in the appeal in the interest of justice," he said.

Najib's lead defence counsel Muhammad Shafee Abdullah is scheduled to hold a press conference on the matter this afternoon.

On Nov 27, the former premier lodged a police report against unidentified parties whom he accused of "concealing material evidence" related to financial transactions linked to 1MDB and SRC International which formed part of the criminal trials against him.

Najib told reporters then he was unable to reveal the names of the individuals but identified them as being appointed to the Attorney-General's Chambers (AGC) and the MACC during Pakatan Harapan's federal administration.

Two days earlier on Nov 25, former Attorney-General Tommy Thomas said MACC's investigation against Zeti and her husband was not concluded under his watch from June 2018 to February 2020 during Harapan's rule and he did not get a chance to see the papers.

Since the reported revelations against Zeti and her husband, various parties had called on the MACC to divulge its findings on the matter.