Najib did not show urgency on addendum existence, says AG

Free Malaysia Today

21 hours ago

Former prime minister Najib Razak is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application.
PUTRAJAYA : Najib Razak did not exercise reasonable diligence to show that the royal addendum allegedly allowing him to serve his sentence under house arrest existed when the High Court heard his application for judicial review last year, the Federal Court heard today.
Attorney-General Dusuki Mokhtar said the former prime minister had claimed to have received credible information that the former Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah, had issued the addendum.
'However, he did not show that he tried to communicate with Istana Negara or Istana Pahang on the addendum order,' Dusuki said before a three-member bench chaired by Chief Judge of Malaya Hasnah Hashim.
Also on the panel to hear the attorney-general's appeal to set aside the 2-1 majority ruling on Jan 6 that allowed Najib's appeal to obtain leave were Justices Zabariah Yusof and Hanipah Farikullah.
Last July, the High Court refused to grant leave on the grounds that affidavits filed in support of Najib's application were hearsay evidence.
Najib's son, Nizar, had filed an affidavit just before the Court of Appeal hearing in support of his father's application to also adduce fresh evidence, which the appellate court also allowed.
Nizar claimed the comptroller of the Sultan of Pahang's royal household, Ahmad Khirrizal Ab Rahman, had confirmed the existence of the addendum order and verified its authenticity.
Today, Dusuki said the minority judgment of the Court of Appeal was correct in finding that reasonable diligence was lacking.
'The respondent (Najib) also did not attempt to get in touch with Istana Pahang on the authenticity of the addendum that was attached to the main order on Jan 29, 2024,' he said.
Hanipah interjected and said Nizar's affidavit in support of the fresh evidence was filed after the High Court ruling as Nizar had to get the ruler's consent to use a copy of the addendum in the court proceedings.
Dusuki said Najib was in Kajang prison, but was allowed to use all facilities to contact the authorities.
'He who asserts the existence of the addendum must prove it,' he said.
Hanipah also remarked that at the leave stage, the attorney-general ought to assist the court in determining whether Najib's application was frivolous or whether it crossed the threshold for leave.
Zabariah said right-thinking people would question if the addendum co-existed with the main order.
'We are trying to clarify if this matter can be raised at the leave stage or should be argued at the substantive stage,' she said.
Dusuki, who was assisted by senior federal counsel Shamsul Bolhassan and Ahmad Hanir Hambaly, said the only decision made at the Jan 29, 2024 Federal Territories Pardons Board meeting was that Najib be allowed to have his 12-year jail sentence halved and fine reduced from RM210 million to RM50 million.
'The early release order which bears the king's signature and official seal is addressed to the relevant authority, and especially makes reference to the advice tendered by the Pardons Board before the monarch,' he said.
In contrast, he said, the addendum lacked Al-Sultan Abdullah's official seal and signature, and was addressed to the former attorney-general and not the director-general of prisons.
'It lacks the signature of the federal territories minister and differs materially in format and structure from the early release order,' he said, adding that Najib has failed to prove that the addendum was authentic.
Dusuki said the majority in the Court of Appeal erred in relying on the Ladd v Marshall case on adducing fresh evidence, as it is a common law principle.
'The minority was correct to rely on Rule 7(3A) of the Rules of Court of Appeal 1994, which is federal law,' he said.
He said this rule required a higher threshold compared with the common law principle.
Najib is serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application.