JUDGMENT
Introduction
[1] The applicant in this application is the appellant ("the appellant") in the Criminal Appeals No: W-05(SH)-231-07-2020, W-05(SH)-232-07-2020 and W-05(SH)-233-07-2020 ("the appeals"). Seven days before the date of the decision on the appeals, the appellant by notice of motion dated 1 December 2021 vide encl 277 supported by the appellant's affidavit dated 29 November 2021 in encl 278 and additional affidavit in encl 280 sought leave, among others pursuant to s 61 of the Courts of Judicature Act 1964 ("CJA") to allow the following additional evidence to be adduced in the appeals:
(i) viva voce evidence of Datuk Seri Azam Baki, the Chief Commissioner of the Malaysian Anti-Corruption Commission ("MACC");
(ii) further viva voce evidence of Rosli bin Hussein, an investigating officer of the MACC ("PW57"); and
(iii) viva voce evidence from other witnesses or any other additional or further evidence which may arise based on the appellant's affidavit (encl 278) or as the court sees fit and appropriate.
[2] We heard the application in a hybrid proceeding under s 15A of the CJA. Having heard and considered the oral submissions of both parties and their respective affidavits filed therein, we dismissed the application. We now give the full grounds of our decision.
Grounds Of Application
[3] The additional evidence sought to be introduced as summarized based on both of the appellant's affidavits are as follows:
(a) Tan Sri Zeti Akhtar Aziz ("TS Zeti") had a long-standing relationship and had collaborated with Jho Low
(i) the recent availability of the evidence that Tan Sri Zeti Akhtar Aziz ("TS Zeti"), the former Central Bank Governor, was facilitating Low Teck Low's ("Jho Low") disingenuous endeavours. The appellant claimed that this evidence was unavailable during the appellant's trial at the high court and when the Court of Appeal heard the appeal. The appellant contended that there is evidence that TS Zeti, through her family, had received millions of dollars from Jho Low, including funds linked to 1 Malaysia Development Bhd ("1MDB"). The appellant also posited that TS Zeti had a long-standing relationship and had collaborated with Jho Low to facilitate the misuse of the 1MDB funds;