The application, which was filed on July 16, sought various amendments to the substantive notice of motion filed two months ago seeking the admission of fresh evidence to Najib’s SRC International corruption appeal which he says shows that judge Nazlan Ghazali presided over the trial while under a “serious conflict of interest”.

The amendments will allow Najib’s legal team to seek the admission of more evidence than originally prayed for, including oral evidence from former 1MDB CEO Shahrol Azral Ibrahim Halmi, and MACC investigator Rosli Hussein, who is said to have recorded a statement from Nazlan during investigations.

Others whose evidence are being sought via the amendments are Malaysian Anti-Corruption Commission officers Mohamed Zamri Zainul Abidin and Asrul Ridzuan Ahmad Rustami as well as assistant investigating officer, Noor Syazana Kamin.

No oral arguments were advanced by either party this morning, with lead prosecutor V Sithambaram saying the prosecution was not objecting to the amendments sought.

The decision of the apex court was delivered by Chief Justice Tengku Maimun Tuan Mat, who is heading a five-member bench comprising Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim as well as apex court judges Nallini Pathmanathan, Mary Lim and Mohamad Zabidin Diah.

The merits of the substantive application were not considered in coming to this decision, the chief justice said.

Arguments on the merits of Najib’s substantive motion are in progress, with lead counsel Hisyam Teh presently addressing the court.

Najib was convicted by Nazlan on July 28, 2020 on seven charges of abuse of power and misappropriation of RM42 million in SRC International funds. He was sentenced to 12 years’ imprisonment and fined RM210 million.

His conviction and sentence were upheld by the Court of Appeal on Dec 8 last year but have been stayed pending the disposal of an appeal to the Federal Court from that decision.