House arrest bid on hold

The Star

29-04-2025

PETALING JAYA: Datuk Seri Najib Razak's bid for house arrest has again been derailed with the Federal Court granting leave to the Attorney General's Chambers (AGC) to appeal against the move.
As a result of the leave granted, the Kuala Lumpur High Court, which was supposed to hear Najib's application for a judicial review on the alleged royal addendum linking to his house arrest yesterday, had stayed the proceedings and fixed July 3 for case management.
The High Court proceedings came about when on Jan 6, the Court of Appeal remitted Najib's claim of the existence of an additional document, purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest.
Earlier yesterday, in Putrajaya, the Federal Court in a unanimous judgment delivered by Chief Judge of Malaya Justice Hasnah Mohammed Hashim ruled that it will hear the appeal by the AGC.
The top court granted AG Datuk Mohd Dusuki Mokhtar leave to appeal against the Court of Appeal decision on the judicial review case.
Justice Hasnah said Mohd Dusuki's question had passed the threshold requirements for leave to be granted under Section 96 of the Courts of Judicature Act (CJA) 1964.
'The questions posed are novel and of public importance, which need to be further ventilated before this court.
'The questions can provide guidance to the courts on the correct approach to adopt in dealing with admission or additional evidence.
'The question posed are also in relation to the role of the AG in judicial review proceedings, particularly whether the AG is duty-bound under the law to confirm the existence of and supply copies of impugned documents,' she said.
Day in court: Najib (centre) arriving at the Palace of Justice. — Bernama
Also presiding were Federal Court judges Justices Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
Justice Hasnah also added that since the case is of public interest, an early date of the day of the appeal hearing should be fixed.
The apex court then set July 1 and 2 for appeal.
Najib had filed the application for leave for judicial review on April 1, 2024, naming the Home Minister, the Commissioner General of Prisons, the AG, the Federal Territories Pardons Board, the Minister at the Prime Minister's Department (Law and Institutional Reform), director-­general of the legal affairs at the Prime Minister's Department and the government as the first to ­seventh respondents respectively.
In the notice of application, Najib sought a mandamus order that all of the respondents or one of them answer and verify the existence of the addendum order dated Jan 29, 2024.
Najib is seeking a mandamus order where if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from Kajang Prison to his residence in Kuala Lumpur to serve his remaining sentence under house arrest.
On July 4, 2024, the Kuala Lumpur High Court dismissed Najib's application for leave, ­citing hearsay in supporting affidavits.
On Jan 6, 2025, Najib won his appeal in a 2-1 majority decision at the Court of Appeal. The appellate court remitted back his judicial review application to the High Court, which was fixed for hearing on April 28.
The AGC later filed for leave from the Federal Court to appeal against the Court of Appeal's decision.
Lead defence counsel Tan Sri Muhammed Shafee Abdullah at a press conference later said that Najib was disappointed over the further delay.
'Najib was disappointed only in the sense that this matter will ­further delay,' he told reporters at the Kuala Lumpur Court Complex.