Latest news with #Terrirudin
![[UPDATED] A-GC: Najib's contempt bid premature, violates court order](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FNajib230525_1747971540.jpg&w=3840&q=100)
![[UPDATED] A-GC: Najib's contempt bid premature, violates court order](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fassets%2FNST-Logo%402x.png%3Fid%3Db37a17055cb1ffea01f5&w=48&q=75){kind=small}
New Straits Times
23-05-2025
- Politics
- New Straits Times
[UPDATED] A-GC: Najib's contempt bid premature, violates court order
KUALA LUMPUR: Datuk Seri Najib Razak's move to initiate contempt proceedings against former Attorney-General Tan Sri Ahmad Terrirudin Mohd Salleh has been described as premature and in direct violation of a standing court order. The Attorney-General's Chambers (A-GC) said the issue raised in Najib's application is the subject of an ongoing appeal over the royal addendum, which has yet to be decided by the Federal Court. "The High Court on April 28 granted a stay of all proceedings pending the disposal of the said appeal at the Apex Court. "This stay encompasses all existing and future proceedings relating to the matter, including contempt of court actions," it said in a statement today. The A-GC warned that any attempt to commence or continue contempt proceedings while the stay remains in force amounts to a breach of the court's directive and undermines the orderly administration of justice. "Such actions are in direct contravention of the court's order and may be construed as an abuse of process. "The A-GC will not hesitate to seek the dismissal of the application on these grounds," the statement said. The statement was issued in response to an earlier report that Najib had, on May 21, filed contempt proceedings against Terrirudin over an addendum order issued by the former Yang di-Pertuan Agong, which purportedly allowed him to serve the remainder of his sentence under house arrest. The legal firm Messrs. Shafee & Co., which represented the former Pekan member of Parliament, said the application was based on clear evidence that Terrirudin had knowledge of the addendum order but chose to mislead the court. The statement said that despite being aware of the addendum order, the former A-G had allegedly instructed his officers to mislead the High Court by dismissing Najib's claims as speculative, a fishing expedition, and based on hearsay. It added that by choosing to mislead the court, the former A-G had brought the administration of justice into disrepute and should face serious consequences. It added that both Malaysian and international legal principles, including recent Federal Court decisions, clearly require the government to present all relevant facts and documents in any judicial review. Najib is serving a six-year sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had initially sentenced him to 12 years in prison with a fine of RM210 million. This verdict was upheld by both the Court of Appeal and the Federal Court. However, his sentence was reduced to six years, and his fine was lowered to RM50 million following his petition for a royal pardon on Sept 2, 2022.
![[UPDATED] Najib files contempt proceedings against ex-AG over house arrest addendum](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2F28nt08NAJIB_1747959291.jpg&w=3840&q=100)
New Straits Times
23-05-2025
- Politics
- New Straits Times
[UPDATED] Najib files contempt proceedings against ex-AG over house arrest addendum
KUALA LUMPUR: Datuk Seri Najib Razak has initiated contempt proceedings against former Attorney-General(A-G) Tan Sri Ahmad Terrirudin Mohd Salleh. The legal firm Messrs. Shafee & Co., which represented the former prime minister, said that the contempt action relates to the addendum order issued by the former Yang di-Pertuan Agong, which allowed Najib to serve the remainder of his sentence under house arrest. The statement said that the application for leave to initiate contempt proceedings was filed against Terrirudin, who is now a Federal Court judge, on May 21. It added that the application was based on clear evidence that Terrirudin had knowledge of the alleged addendum order but chose to mislead the court. The statement further revealed that the addendum order dated Jan 29, 2024, was handed to Najib through his son, Datuk Mohamad Nizar, and that the Pahang Royal Council had officially confirmed its authenticity via a letter dated Jan 4 this year. "The contents of the documents not only confirm the existence of the addendum order and its Royal decree of house imprisonment, but further disclosed that it was personally addressed to Terrirudin for him to execute the order. "Despite knowing about the addendum order, it is our client's assertion that the former A-G instructed his officers to mislead the High Court by portraying Najib's claims as speculative, a fishing expedition and based on hearsay, even though he knew those claims were true. "Our client believes that by electing to mislead the High Court, the former A-G has brought the administration of justice into disrepute, warranting serious sanction by the Courts. "Given that the former A-G now serves as a Judge of the Federal Court, it is essential that he be accorded an opportunity to answer these serious allegations and, if appropriate, purge the contempt," said the statement. The statement said that as a public officer, Terrirudin had a duty to be fully honest with the Court. It added that both Malaysian and international legal principles, including recent Federal Court decisions, clearly require the government to present all relevant facts and documents in any judicial review. "A deliberate failure to do so undermines public confidence in the administration of justice, and indeed an obstruction of justice itself," it added. Najib is serving a six-year sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had initially sentenced him to 12 years in prison with a fine of RM210 million. This verdict was upheld by both the Court of Appeal and the Federal Court. However, his sentence was reduced to six years, and his fine was lowered to RM50 million following his petition for a royal pardon on Sept 2, 2022.
New Straits Times
23-04-2025
- Business
- New Straits Times
Landmark judgment that strengthens business confidence
LETTERS: On April 8, 2025, the Federal Court of Malaysia delivered a landmark ruling in a commercial contract dispute that has far-reaching implications for business law and contract interpretation in our country. The judgment, delivered by the Judge Tan Sri Ahmad Terrirudin Mohd Salleh, not only settled a contentious case involving a Minimum Guaranteed Sum (MGS) clause but also offered much-needed clarity on how courts should interpret written agreements, performance obligations, and legal doctrines in commercial settings. It confirms the court's role as an interpreter, not a draftsman of contracts, and reinforces certainty in commercial arrangements. At its core, the judgment upholds three key principles: respect for the written word, legal certainty in commercial dealings, and a pragmatic approach to performance obligations. The Court began by affirming a fundamental rule: written contracts are binding, and prior discussions or informal understandings cannot override them. The agreement in question contained an "entire agreement" clause, which meant all previous negotiations were superseded once the final contract was signed. Because the document made no mention of an MGS or guarantee, the Court refused to imply such a term. This is a critical reminder to businesses — if something is important, it must be written into the contract. The courts will not assume or insert terms after the fact, no matter how significant the earlier discussions may have been. A central issue in the case was whether a clause requiring a party to use "reasonable endeavours" made the contract uncertain or meaningless. The defendant claimed that such a term was too vague to enforce. The Court disagreed. Terrirudin explained that "reasonable endeavours" clauses are commonly used in commercial agreements and are valid. They do not mean one must guarantee an outcome, but that one must make a genuine, reasonable effort to achieve it. This is particularly relevant in industries where results depend on external factors beyond full control. By supporting the enforceability of such clauses, the Court acknowledged the practical needs of businesses that often face uncertain or changing conditions. Another key point was the Court's firm reliance on Malaysia's Evidence Act, which limits the use of external or verbal statements to interpret a written contract. Terrirudin emphasised that courts must focus on what is clearly stated in the contract, not on what one party later claims was intended. This protects businesses from surprise claims and encourages careful contract drafting. Equally important was the Court's handling of the contra proferentem rule, often used to interpret ambiguous terms against the party that drafted them. The Court reminded us that this rule is a last resort and should only apply when true ambiguity exists. In this case, the wording was clear, so there was no need to stretch or distort it. The judgment also addressed a common legal challenge: when one party claims the other failed to meet a "reasonable endeavours" obligation, who must prove what? Terrirudin clarified that the burden of proof lies with the party making the allegation. Simply saying, "You didn't do enough" is not sufficient. Concrete evidence must be shown that the other party acted unreasonably. This protects contract holders from being unfairly blamed for outcomes beyond their control. Lastly, the Court dismissed the argument that one clause in the contract overruled another. Instead, it interpreted them together in a way that made sense and preserved the overall purpose of the agreement. This shows a commitment to reading contracts as coherent, functional documents — something that helps reduce unnecessary legal battles. Terrirudin's judgment is a milestone in commercial law. It affirms the importance of clear contract terms, sets a reasonable standard for performance obligations, and discourages overreliance on technical legal arguments that add confusion rather than clarity. For legal professionals, businesses, and investors, this decision offers confidence that Malaysia's highest court is aligned with both legal principles and commercial realities. In a world where predictability and fairness are essential for investment and growth, this judgment is a positive step forward. It reinforces the idea that the law is not just about resolving disputes — it is also about building trust in our institutions and our economy. Kuala Lumpur
Free Malaysia Today
21-04-2025
- Politics
- Free Malaysia Today
Najib to pursue contempt case against Terrirudin despite AG's letter
(From left) Najib Razak is expected to initiate contempt proceedings against former AG Ahmad Terrirudin Salleh despite a request by current AG Dusuki Mokhtar to think it over. PETALING JAYA : Former prime minister Najib Razak will press ahead with contempt proceedings against former attorney-general Ahmad Terrirudin Salleh, despite a letter from current AG Dusuki Mokhtar requesting otherwise. Najib's lawyer, Shafee Abdullah, said the legal action would be filed within the next one or two weeks after receiving Dusuki's letter three weeks ago, The Edge reported. '(The AG) wrote a letter and asked me to reconsider and not to file. So, we are considering it. But, having considered, we still think that we should file the contempt,' he was quoted as saying at a press conference today. FMT has reached out to Dusuki for comment. Shafee had first raised the possibility of contempt proceedings in February, accusing Terrirudin of failing to disclose a royal addendum that allegedly permits Najib to serve the rest of his prison sentence under house arrest. In January, Shafee told the Court of Appeal the document was sent by the palace to Terrirudin on Jan 29. Terrirudin, who has since been appointed a Federal Court judge, previously declined to comment when asked by reporters about the matter. Prime Minister Anwar Ibrahim confirmed that the addendum was received by Terrirudin but said it was sent back to Istana Negara after Sultan Ibrahim became the 17th Yang di-Pertuan Agong. Najib has obtained leave from the Court of Appeal to begin judicial review proceedings to compel Putrajaya to execute the addendum issued by the former king, allowing him to serve the remainder of his jail term under house arrest. The Federal Territories Pardons Board announced on Feb 2 last year that Najib's prison sentence in his SRC International case had been halved from 12 years to six, and his fine reduced from RM210 million to RM50 million. Najib is currently serving his jail sentence at Kajang prison.
Malaysian Reserve
21-04-2025
- Politics
- Malaysian Reserve
Najib still considering contempt action against Terrirudin despite AG's advice, says lawyer
by FARAH SOLHI FORMER Prime Minister (PM) Datuk Seri Mohd Najib Razak's (picture) defence team is still considering filing a contempt application against former Attorney General (AG) Tan Sri Ahmad Terrirudin Mohd Salleh over royal addendum issue, despite advice to the contrary from the current AG. Najib's lead defence counsel, Tan Sri Muhammad Shafee Abdullah, said this is in spite of a recent letter from current Attorney General Datuk Mohd Dusuki Mokhtar advising them to reconsider. 'The AG ( Mohd Dusuki) sent us a letter about three weeks ago, asking us to reconsider filing the contempt (against Terrirudin). 'We are taking the request seriously — we cannot simply ignore such a letter. However, we still believe we should proceed with the application. So, after considering the matter, we may file it within a week or two… we'll see,' he said during a press conference today. In February, Muhammad Shafee announced at a separate press conference that Najib had instructed his team to file the contempt application against Terrirudin. This was over Terrirudin's alleged failure to enforce a royal addendum order, said to have been signed by the 16th Yang di-Pertuan Agong, allowing the former Pekan MP to serve the remainder of his jail term under house arrest. This followed the submission of the alleged royal letter during a Court of Appeal hearing, which subsequently ruled that the High Court should hear the matter, finding sufficient merit for it to be considered by the lower court. Muhammad Shafee also revealed that his legal team had issued a show-cause letter to Terrirudin, who responded by denying any wrongdoing. Terrirudin maintained that he had no obligation to disclose the existence of the addendum at the time, as the case was still at the leave stage in the High Court. Separately, Shafee confirmed today that former Goldman Sachs banker Roger Ng Chong Hwa is expected to testify as a defence witness in Najib's ongoing 1Malaysia Development Bhd (1MDB) trial. 'Ng is being brought to court so we can call him as a witness and question him in detail regarding what he knows about the real actors behind the 1MDB scandal. 'Perhaps he may even state that, to his knowledge, Najib was not involved,' Mohd Shafee said. On April 17, Deputy Public Prosecutor Kamal Baharin Omar informed the court that Ng would be brought to testify in the 1MDB proceedings. Ng was convicted in March 2023 by a US federal court and sentenced to 10 years in prison for his role in helping to embezzle funds from 1MDB. In October 2023, IGP Tan Sri Razarudin Husain confirmed that Ng had been repatriated to Malaysia to assist in ongoing 1MDB investigations. Najib is currently serving his sentence in Kajang Prison, Selangor, after the Federal Court upheld the Kuala Lumpur High Court's conviction for corruption involving RM42 million in funds from SRC International Sdn Bhd, a former subsidiary of 1MDB.
