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Malay Mail
6 days ago
- Politics
- Malay Mail
Court to rule on Najib's house arrest judicial review appeal on August 13
KUALA LUMPUR, Aug 7 — The Federal Court will decide on August 13 whether the attorney general (AG) can challenge the leave granted to Datuk Seri Najib Razak to seek judicial review over a royal decree for his house arrest. Senior federal counsel Shamsul Bolhassan confirmed the ruling date yesterday, Free Malaysia Today reported. A three-judge panel chaired by Chief Judge of Malaya Tan Sri Hasnah Hashim previously postponed its decision on July 9 after hearing arguments from Shamsul and Najib's lawyer, Tan Sri Shafee Abdullah. Justices Datuk Zabariah Yusof and Datuk Hanipah Farikullah also sat on the panel during the hearing. The AG is seeking to overturn a 2-1 Court of Appeal decision delivered on January 6 that allowed Najib to introduce new evidence and granted him leave to initiate a judicial review. Najib is asking the government to implement an addendum order allegedly issued on January 29, 2024, by the former Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah, which would allow him to serve his remaining jail sentence under house arrest. He reportedly became aware of the order shortly after the Federal Territories Pardons Board announced in early February last year that his jail sentence for the SRC International case had been halved and his fine reduced from RM210 million to RM50 million. Najib filed the judicial review leave application in April last year, supported by affidavits from Umno president Datuk Seri Ahmad Zahid Hamidi and Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail, who said they had seen the order on Datuk Seri Tengku Zafrul Aziz's phone. The High Court dismissed the application in July 2023, but Najib appealed, and his son Nizar later submitted an affidavit the claimed Comptroller of the Pahang royal household Datuk Ahmad Khirrizal Ab Rahman had authenticated. On July 2, AG Tan Sri Dusuki Mokhtar acknowledged the existence of the addendum but questioned its authenticity and legal standing, prompting Shafee to argue that the case could have proceeded to the High Court had the AG made that concession earlier.


Free Malaysia Today
09-07-2025
- Politics
- Free Malaysia Today
Najib's addendum review could have been heard earlier, says lawyer
Najib Razak wants the court to compel the government to enforce an addendum issued by the former king allowing him to serve the remainder of his jail sentence under house arrest. PUTRAJAYA : Najib Razak's application for a judicial review would have been heard in the High Court if the attorney-general (AG) had admitted to the existence of a royal addendum linked to the former prime minister's jail sentence, the Federal Court was told today. Lawyer Shafee Abdullah said the AG objected to Najib's application for leave on grounds that the supporting affidavits were based on hearsay evidence, speculative, and that the addendum order purportedly did not exist. 'Even at the Court of Appeal, he (the AG) did not confirm its existence but finally made a concession in the Federal Court,' Shafee told a three-member bench chaired by Chief Judge of Malaya Hasnah Hashim. Also hearing the appeal were Justices Zabariah Yusof and Hanipah Farikullah. At the last hearing on July 2, Shafee submitted that AG Dusuki Mokhtar had conceded that the addendum existed, and that he was only disputing its genuineness and validity. The AG is appealing to set aside a majority 2-1 ruling on Jan 6 that allowed Najib's application to adduce additional evidence and order the High Court to hear Najib's judicial review. Najib wants the government to implement the Jan 29, 2024 order in the addendum which allows him to serve the remainder of his jail sentence under house arrest. Shafee said Najib should be granted leave as he had an arguable case. The lawyer said his client was sent from 'pillar to post' as the putative respondents refused to give an affirmative reply on whether the addendum order exists. Shafee said the AG should have provided the addendum but the High Court judge said he had no duty of candour at the leave stage, which was a 'tragedy'. 'The judge went on to say we were on a fishing expedition,' Shafee added. He argued that the AG had a duty of candour to disclose the addendum order and said the AG was guilty of not enforcing the royal decree. Najib got wind of the addendum order soon after the Federal Territories Pardons Board announced in early February last year that his 12-year jail term was halved and the RM210 million fine reduced to RM50 million. He is currently serving a six-year jail sentence in connection with the SRC International case. Najib filed leave for judicial review last April, relying on affidavits filed by Umno president Ahmad Zahid Hamidi and Pahang menteri besar Wan Rosdy Wan Ismail based on what they had read on Tengku Zafrul Aziz's mobile phone. The High Court however refused to grant leave last July. Najib's son, Nizar, 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 allowed. When replying to Shafee's submission, senior federal counsel Shamsul Bolhassan acknowledged that Dusuki had confirmed the existence of the addendum when he was addressing the bench on July 2. Hasnah then said the matter of fresh evidence was no longer an issue. Shamsul however submitted that it was not academic as the criteria to admit fresh evidence were not fulfilled. 'The case laws referred to by Shafee on the duty of candour by the public authorities are also not relevant,' he said, adding that the AG was standing by the written submission filed earlier. Hasnah said parties would be informed of the decision date.


Malaysiakini
08-07-2025
- Business
- Malaysiakini
Najib's SRC defence consistent from day one, says Shafee
Najib Abdul Razak has been consistent in his statements regarding SRC International Sdn Bhd funds, contrary to the plaintiff's allegations, said his lawyer Shafee Abdullah. Shafee said up until today, the former prime minister maintains having no knowledge of receiving RM42 million in funds from SRC. "He has made five statements, maybe even more, but...


Malaysiakini
08-07-2025
- Business
- Malaysiakini
Najib's SRC defence consistent from day one, says Shafee
Najib Abdul Razak has been consistent in his statements regarding SRC International Sdn Bhd funds, contrary to the plaintiff's allegations, said his lawyer Shafee Abdullah. Shafee said up until today, the former prime minister maintains having no knowledge of receiving RM42 million in funds from SRC. "He has made five statements, maybe even more, but...


Free Malaysia Today
02-07-2025
- Politics
- Free Malaysia Today
AG would have lodged police report if addendum did not exist, says lawyer
Shafee Abdullah said the attorney-general would have instructed his officers to lodge a police report for making false claims in court if there had been no addendum. PUTRAJAYA : The attorney-general would have instructed that a police report be lodged if claims that a royal addendum allegedly allowing former prime minister Najib Razak to serve the remainder of his jail term under house arrest were untrue, a lawyer told the Federal Court today. Shafee Abdullah said the AG would have instructed his officers to lodge a report for making false claims in court. 'The police report would have been made against Najib, his witnesses and me if the claim was untrue,' Shafee said before a three-member bench chaired by Chief Judge of Malaya Hasnah Hashim. The AG is appealing to set aside a majority 2-1 ruling on Jan 6 that allowed Najib's application to adduce additional evidence and order the High Court to hear Najib's judicial review. Najib wants the government to implement the order in the addendum. Justices Zabariah Yusof and Hanipah Farikullah are also hearing the appeal. Shafee submitted that Attorney-General Dusuki Mokhtar had earlier in the day conceded that the addendum existed, only that he was disputing its genuineness and validity. 'I hope the bench draws an inference and takes judicial notice of this matter,' he said. He said Najib got wind of the addendum order soon after the Federal Territories Pardons Board announced in early February last year that his 12-year jail term was halved and the RM210 million fine reduced to RM50 million. 'We sent a letter to the then AG (Ahmad Terrirudin Saleh) instead of the director-general of prisons as the former could give his legal opinion to execute the order in the addendum,' he said. Shafee said Najib had sent letters to Prime Minister Anwar Ibrahim, his deputy Ahmad Zahid Hamidi, the law and institutional reform minister, the prisons department, the Federal Territories Pardons Board, and the director-general of the legal affairs division at the Prime Minister's Department asking them to confirm the existence of the addendum. 'All letters sent went completely unanswered without any single detail provided,' he said, adding in rebuttal to Dusuki's argument that Najib did not immediately attempt to communicate with Istana Negara or Istana Pahang on the addendum order. He said Najib had to file leave for judicial review last April and relied on affidavits filed by Zahid and Pahang menteri besar Wan Rosdy Wan Ismail based on what they had read on Tengku Zafrul Aziz's mobile phone. The High Court refused to grant leave last July because it said 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 allowed. Shafee said the former Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah, informed Nizar about the addendum in early August last year, but did not express his intention to give a copy of the addendum. 'It was only in December last year that he was given one to be used in court. He quickly affirmed an affidavit for Najib to introduce fresh evidence before the Court of Appeal,' he said. Najib is currently serving a six-year jail sentence in connection with the SRC International case. The hearing continues on July 9.