7 days ago
Federal Court grants Najib leave to seek review on purported house arrest order
PUTRAJAYA, Aug 13 — Former prime minister Datuk Seri Najib Razak is now cleared to pursue his legal challenge over an addendum or 'supplementary order' issued by a former King permitting him to serve the remainder of his reduced sentence under house arrest.
This follows the Federal Court's three-member bench unanimous decision to dismiss the Attorney General's Chambers' (AGC) appeal against a lower court decision to grant Najib leave to proceed with his court case seeking house arrest.
The Federal Court said the addendum order's existence has been previously confirmed following concessions made by the Attorney General in previous hearings despite its validity being inconclusive at this stage.
"Its status vis-a-vis its validity or whether its true needs to be ascertained at the substantive judicial review hearing which we do not consider it right or fair for us to express any view on this point at this stage.
"It is a point for further investigation on a full interparty basis with all such evidence as is necessary on the facts and all such arguments as is necessary on the law.
"Consequently we remit the case to the High Court for the hearing of substantive judicial review proceedings before a new judge," Federal Court judge Datuk Zabariah Mohd Yusof said in delivering the panel's decision.
The three-member Federal Court bench was led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim and included Zabariah as well as Datuk Hanipah Farikullah.
In a 2-1 majority decision on January 6, a three-member appellate court bench remitted the case on Najib's claim of the existence of an additional document — purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest — to the High Court to be heard on its merits.
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