Najib applies for leave to adduce fresh evidence in royal addendum appeal
His appeal pertains to his court challenge regarding an addendum purportedly issued by the 16th Yang di-Pertuan Agong, which, according to him, would allow him to serve the rest of his prison sentence under house arrest.
PUTRAJAYA - Former prime minister Datuk Seri Najib Razak has filed an application seeking leave to adduce additional evidence in his appeal to support his claim of the existence of a royal addendum that would allow him to serve the remainder of his six-year prison sentence under house arrest.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah told a three-judge panel of the Court of Appeal today that the application was filed on Dec 3.
He said the court should first hear the application to adduce the additional evidence, adding that the appeal hearing scheduled today cannot proceed.
Senior federal counsel Shamsul Bolhassan, representing the Malaysian government and seven other respondents, informed the court that he requires more time to verify the documents submitted in an affidavit attached to Najib’s application. He said the documents were not signed.
The panel, comprising judges Datuk Azizah Nawawi, Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril, subsequently postponed the hearing of Najib’s appeal.
Justice Azizah also directed that a case management be held to fix new hearing dates for Najib’s application and appeal.
Najib’s appeal pertains to his court challenge regarding an addendum purportedly issued by the 16th Yang di-Pertuan Agong, which, according to him, would allow him to serve the rest of his prison sentence under house arrest.
On July 3, the High Court rejected Najib’s application for leave to initiate the judicial review. Najib is appealing this decision at the Court of Appeal.
The High Court ruled that the four affidavits supporting Najib’s claim, including statements from UMNO president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsays and inadmissible.
In his application, Najib is seeking a mandamus order to compel the respondents to respond and confirm the existence of the additional decree dated Jan 29 this year.
The other respondents are the Home Minister, Commissioner-General of Prisons, Attorney-General, the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; Minister in the Prime Minister’s Department (JPM) (Law and Institutional Reform), Director-General of Legal Affairs Division at JPM.
The former Pekan Member of Parliament also requests that, if the additional decree exists, 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.
Najib, 71, is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd funds.
The High Court had sentenced Najib to 12 years in prison with a fine of RM210 million. However, his sentence was reduced to six years and his fine cut to RM50 million following his petition for a royal pardon on Sept 2, 2022.
Outside the court, Muhammad Shafee told reporters that an affidavit affirmed by Najib’s son Datuk Mohd Nizar stated that he received documents from the Pahang palace.
He, however, said he cannot reveal the content of the affidavit. - BERNAMA
