PUTRAJAYA - The Court of Appeal today granted Datuk Seri Najib Razak's application to attend his appeal hearing concerning an alleged addendum, scheduled for tomorrow afternoon.
Najib, 71, is serving a six-year prison sentence since August 23, 2022, after being convicted of misappropriating RM42 million in funds belonging to SRC International Sdn Bhd.
Today, a three-judge panel consisting of Justices Datuk Seri Mariana Yahya, Datuk Hashim Hamzah and Datuk Ahmad Fairuz Zainol Abidin, allowed the former Prime Minister’s ex-parte application for an issuance of an order to produce (OTP) Najib from prison to attend the hearing.
His lawyer Tan Sri Muhammad Shafee Abdullah, when making the request, explained that the appeal involves a matter relating to his client’s prison sentence.
He told the court that he had communicated with senior federal counsel Ahmad Hanir Hambaly@Arwi over the matter today and the latter did not object to it.
Muhammad Shafee, assisted by lawyer Wan Mohammad Arfan Wan Othman, also informed the court that the trial judge, Datuk Collin Lawrence Sequerah, and the prosecution in Najib’s 1Malaysia Development Berhad (1MDB) trial at the Kuala Lumpur High Court had no objections to the former Pekan Member of Parliament attending the appeal hearing.
Najib is currently testifying in the ongoing 1MDB trial which is expected to continue until next week.
Tomorrow’s appeal pertains to Najib’s challenge against the High Court’s decision to dismiss his application for leave to commence a judicial review regarding an alleged addendum.
The addendum, purportedly issued by the 16th Yang di-Pertuan Agong, would allow Najib to serve the remainder of his prison sentence under house arrest.
On July 3 this year, the Kuala Lumpur High Court dismissed Najib's application, ruling that the four affidavits supporting his claim, including statements from UMNO president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsay and inadmissible as evidence.
In his application filed last April, Najib sought a mandamus order to compel the respondents to respond and confirm the existence of the additional decree dated Jan 29 this year.
The Home Minister, Commissioner-General of Prisons, Attorney-General, the Pardons Board for the Federal Territory of Kuala Lumpur, Labuan and Putrajaya; Minister (Law and Institutional Reform) in the Prime Minister’s Department (JPM), Director-General of Legal Affairs Division at JPM and the Malaysian government were named as respondents in the application.
Najib also requested that, if the additional decree existed, the respondents must enforce it and transfer him immediately from Kajang Prison to his residence in Kuala Lumpur to serve the rest of his sentence under house arrest.
The High Court had sentenced Najib to 12 years in prison with a fine of RM210 million.
However the sentence was reduced to six years and the fine was reduced to RM50 million after he filed a petition for a royal pardon on Sept 2, 2022. - BERNAMA