Najib's royal addendum bid: Apex Court to rule on A-GC appeal tomorrow
The decision marks the Attorney-General's Chambers' (A-GC) final throw of the dice to block Najib's judicial review, which seeks to compel the government to reveal and enforce the alleged order said to have been issued by the 16th Yang di-Pertuan Agong.
Najib insists the addendum, made alongside the partial pardon that halved his jail term from 12 to six years, allows him to serve his remaining time under house arrest.
If the apex court allows the A-GC's appeal, the former Pekan member of parliament's judicial review bid over the alleged royal addendum would come to an abrupt end before High Court judge Hayatul Akmal Abdul Aziz.
If the A-GC's appeal fails, the case will proceed to be heard on its merits at the lower court.
During the last proceeding, Senior Federal Counsel Shamsul Bolhassan said A-GC did not dispute the existence of the royal addendum but challenged the procedure by which it was introduced as new evidence in Najib's judicial review.
Meanwhile, Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, argued that the A-GC should not claim the decree is speculative at the leave stage of a judicial review if it truly embraces the principles of honesty, transparency, and openness.
The senior lawyer had said the obligation to be truthful in this judicial review does not require his client to procure a copy of the addendum decree.
He said it is the Attorney-General's responsibility to confirm or deny the existence of the addendum decree at the leave stage if they dispute its existence.
On Jan 6, a three-judge panel of the Court of Appeal, in a split decision, allowed Najib to initiate a judicial review to determine the existence of an addendum allegedly issued by the former Yang di-Pertuan Agong.
The Court also permitted Najib to file additional affidavits in support of his application.
Najib is currently serving a six-year prison sentence for misappropriating RM42 million from SRC International Sdn Bhd.
The High Court originally sentenced him to 12 years in prison and fined him RM210 million. The decision was upheld by both the Court of Appeal and the Federal Court.
However, following a petition for royal pardon on Sept 2, 2022, his sentence was reduced to six years and the fine lowered to RM50 million.
Subsequently, Najib filed an application claiming the existence of an addendum order, allegedly signed by the 16th Yang di-Pertuan Agong, which would allow him to serve the remainder of his sentence under house arrest. The High Court had previously dismissed this application.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
18 minutes ago
- New Straits Times
Charge those involved in bullying Zara Qairina, say lawyers
KOTA KINABALU: Lawyers representing Zara Qairina Mahathir's family have proposed to the Attorney-General's Chambers (A-GC) to charge those involved in bullying the girl before her death. Referring to details revealed by federal police Criminal Investigation Department director Datuk M. Kumar, they said several key disclosures were made related to the death of the 13-year-old. Among the findings were statements pointing towards bullying before the incident that befell Zara. "If those statements can be trusted in court, we propose that the Attorney-General's Chambers prosecute the individual or individuals named in those statements who committed the bullying under Section 507D(2) of the Penal Code (criminalising threatening, insulting, or defamatory words and acts that provoke harm). "Under this section, offenders may be punished with imprisonment of up to 10 years, or a fine, or both. "If this step is taken, an inquest will no longer be necessary," said a joint statement issued by Shahlan Jufri, Rizwandean M. Borhan, Mohd Luqman Syazwan Zabidi, Mohd Syarulnizam Mohd Salleh and Farrah Nasser. The lawyers, however, said that should those statements not be strong or sufficient enough to constitute an offence under Section 507D(2) of the Penal Code, further investigations must continue to strengthen such evidence. "In this situation, the inquest should be conducted concurrently with the further investigations. Prosecution can then follow." The team urged people with information to come forward and assist investigations. "Channel your information to the police. If you are afraid or need assistance to do so, you may meet with us. "We thank Datuk M. Kumar and the Bukit Aman special task force for acting swiftly to investigate Zara's death. "Finally, we thank and appreciate all Malaysians who have supported and prayed for justice for Zara. "At the same time, please refrain from making false speculations regarding Zara's death." Zara, a 13-year-old student of SMKA Tun Mustapha in Papar, was found unconscious on July 16 at her school and pronounced dead the following day at Queen Elizabeth Hospital here.
New Straits Times
8 hours ago
- New Straits Times
Zara Qairina's death: Umno backs A-GC's decision for full inquest
KUALA LUMPUR: Umno has expressed disappointment over the police's handling of the case involving the death of Zara Qairina Mahathir. Umno secretary-general Datuk Dr Asyraf Wajdi Dusuki described the handling of the case as "extremely weak" and said it failed to follow normal procedures and standard operating procedures (SOPs), as acknowledged by the police, which the party found deeply disappointing. "Umno is deeply saddened and affected by the tragic death of the late Zara Qairina. "The handling of this case, which appears to have been extremely weak and failed to comply with normal procedures and SOPs, as acknowledged by the police, is deeply disappointing," he said at a press conference after the party's supreme council meeting last night. Asyraf said the party fully supports the Attorney-General's Chambers' decision to conduct a full inquest to determine the cause and circumstances of her death, including whether criminal elements were involved. He added that Umno hopes the inquest will be carried out independently and transparently, in line with legal provisions, to ensure full justice for the late Zara Qairina. The A-GC ordered an inquest into Zara Qairina's death following an investigation report submitted by the police on Monday. Subsection 339(1) of the Criminal Procedure Code empowers a magistrate (or coroner) to hold an inquest when there is reason to suspect that a death was sudden, unnatural, or occurred under suspicious circumstances. Zara Qairina, who was found unconscious after allegedly falling from her school dormitory at SMKA Tun Datu Mustapha Limauan in Sabah, was confirmed dead at Queen Elizabeth I Hospital at 11am on July 17.
The Star
9 hours ago
- The Star
Umno welcomes court's decision in Najib Razak's case
KUALA LUMPUR: Umno welcomed the unanimous decision by a three-judge panel of the Federal Court to expedite the judicial review concerning Datuk Seri Najib Razak and the much-debated Titah Adendum. At the Umno's Supreme Council meeting on Wednesday (Aug 13), party secretary‑general Datuk Dr Asyraf Wajdi Dusuki ( pic ) expressed relief at the development. 'This decision provides relief to efforts to obtain justice for Najib, and we will continue to be committed to using all available channels to obtain a defence for Najib,' he told reporters after the meeting. Former prime minister Najib, 71, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42mil from SRC International Sdn Bhd. He filed a petition for a royal pardon on Sept 2, 2022, which led to the Pardons Board's decision to reduce his prison sentence from 12 years to six years and his fine from RM210mil to RM50mil.
