Zahid's affidavit indicates royal addendum order not hearsay

SHAH ALAM - Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s affidavit revealing that he personally saw a copy of a royal addendum order from the 16th Yang di-Pertuan Agong allowing former prime minister Datuk Seri Najib Razak to serve the remainder of his sentence under house arrest is actually proof that it is not just a rumour.

Former Dewan Rakyat speaker Tan Sri Azhar Azizan Harun said in the affidavit in support of Najib's judicial review application regarding the royal order, the Umno president stated he was informed about the order by Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz.

Azhar said Zahid was not only informed of the royal order's existence but also confirmed seeing a copy of it on Zafrul’s smartphone.

"In terms of legal concept, hearsay is evidence that cannot be admitted by the court to prove the truth of a statement.

"In the case of the royal addendum, if Zahid and (Pahang Menteri Besar) Datuk Seri Wan Rosdy Wan Ismail only stated that they were told about the addendum's existence, then the court’s decision to classify it as hearsay would be correct.

"However, this statement can still be accepted by the court as evidence to show the state of mind of Zahid and Wan Rosdy, indicating that they genuinely believed there was a royal addendum.

"Zahid himself stated in his affidavit that he personally saw a copy of this royal addendum. Therefore, his statement is no longer just hearsay," he said.

He was commenting on a statement made by Home Minster Datuk Seri Saifuddin Nasution Ismail stating the Madani government's stance that the purported royal addendum is only hearsay and in line with the previous court ruling on the matter.

Azhar also explained that the "rumour" regarding the existence of the royal addendum could still be considered relevant and admissible in court.

He added that many in Umno’s grassroots, including Najib’s family believed in the existence of the addendum.

This belief, he said has contributed to ongoing public debate and confusion about its legitimacy, especially as the Madani government has neither confirmed nor denied its existence.

Azhar highlighted that the government’s lack of clear answers only fuelled further questions.

"In my view, this debate will continue unless the government addresses the questions regarding the addendum’s existence and the government’s stance if it does exist.

"Whatever Najib’s offences are, as a citizen who submitted a royal pardon petition, he is entitled to be informed of the decision and to expect the prompt execution of any royal pardon decision," he added.

Azhar also pointed out the potential for political motives behind the government’s stance, suggesting the addendum issue has become a burden avoided by many.

He said he believed that the government should not hide behind the principles of evidence law when addressing issues of national administration and governance.

"In the context of evidence law, if a statement is made against a party and that party does not deny or refute the statement and does not wish to present contradictory evidence, then the court may draw an adverse inference against that party.

"In this case, with the sworn affidavit statements from several Umno leaders stating that a royal addendum exists, yet the government has not specifically denied it nor provided any contradictory evidence, an adverse inference could be drawn that the royal addendum indeed exists," he said.