Citing potential ‘delays' and need to expedite, Najib's lawyer asks for ‘house arrest' order challenge be heard by apex court instead
Lawyer Tan Sri Muhammad Shafee Abdullah made the oral application following the Federal Court's unanimous decision to remit the case to the High Court for the hearing of substantive judicial review proceedings before a new judge.
The Federal Court had earlier ruled that the addendum exists following concessions made by the Attorney General in previous hearings despite its validity being inconclusive at this stage and that its validity needed to be ascertained at the High Court.
Muhammad Shafee said even if he could 'move mountains', the case would still take about two years to complete in his estimation and that Najib could not wait any longer.
However, a three-member panel led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim dismissed the application since there were 'too many loose ends to be tied up' and that it was not up to the Federal Court to make that determination.
Also on the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
As CJM, Hasnah said she has given strict instructions to subordinate judges to complete their cases within nine to 12 months, further noting that delays were only Muhammad Shafee's assumption.
She also noted that all three panel members were due for retirement soon with some having only three months left in their tenures.
'We are normal human beings. We are not robots. We need to read and digest. We don't just take lawyers' submissions (at face value). We do our own research,' she said.
Hasnah also highlighted that the Attorney General's Chambers would also need time to respond to such an application, with Justice Zabariah further noting that the Federal Court would be the final avenue for Najib to ventilate his case and would be unfair to him.
To this, Muhammad Shafee said his client was prepared to take the risk.
Nevertheless, the panel responded by saying the matter should be remitted to the High Court for a full hearing in the interest of justice.
The panel then fixed August 18 for case management at the High Court before a new judge to hear Najib's judicial review application after a previous dismissal for leave at the High Court in July 2024.
In his application for leave to seek judicial review filed on April 1, 2024, Najib claimed Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah issued the order during the January 29, 2024 meeting of the board, for the former to serve the remainder of his reduced sentence under house arrest.
Other reliefs sought by Najib include for the court to compel the respondents to execute said supplementary order.
Najib has been imprisoned since August 23, 2022, after the Federal Court upheld his conviction for criminal breach of trust, power abuse, and money laundering over the misappropriation of SRC International Sdn Bhd's funds.
The Pardon's Board said it had also decided to reduce his RM210 million fine to RM50 million, and his early release would be contingent on him paying this amount.
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