The royal addendum has sparked widespread debate, with some viewing it as a clarification of the royal prerogative and others as a potential disruption to the judiciary's independence.
SHAH ALAM - Since Datuk Seri Najib Razak's saga began, the royal addendum has become a key yet controversial feature in the former prime minister's legal journey.
This unprecedented move of the royal addendum purportedly issued by the previous Yang di-Pertuan Agong has sparked widespread debate, with some viewing it as a clarification of the royal prerogative and others as a potential disruption to the judiciary's independence.
But what is a royal addendum and how has it shaped the unfolding of Najib's case? Here's a closer look.
On Jan 6, the Court of Appeal in a 2-1 majority decision granted Najib leave to commence a judicial review on a royal addendum allowing him to serve the remainder of his six-year jail sentence under house arrest.
Judge Datuk Seri Mohd Firuz Jaffril, who was one of the judges who allowed Najib's appeal said the former premier’s son (Datuk Mohamad Nizar) obtained a copy of the addendum order from the office of the Sultan of Pahang on Aug 17, 2024, with strict instructions it should not be used without the Sultan's consent.
The judge said Najib then sought the Sultan's permission to include the addendum in his affidavit for the appeal and obtained the consent on Dec 2, 2024, after which he filed the addendum with the court.
"Without the consent, it was not possible for the applicant to file the addendum into court nor can the applicant compel the Sultan to furnish the said addendum. We are therefore of the view that the applicant had complied with the principles propounded in Ladd v Marshall," Firuz said in his judgement.
While Najib’s bid was successful, this does not mean his house arrest is guaranteed.
However, the fact that the Court of Appeal had ruled that the royal addendum existed and ordered the Kuala Lumpur High Court to hear the merits of the case, his legal team was optimistic that a favourable ruling from the High Court could lead to his early release.
On Jan 10, amid Najib’s claims that the former Yang di-Pertuan Agong had added an addendum to the Pardons Board’s Jan 29, 2024 decision, it was reported that the Federal Territories Pardons Board’s official records on Najib’s case did not contain any additional document or addendum.
This was confirmed following checks made by the Prime Minister’s Department legal affairs division, which serves as the secretariat of the Federal Territories Pardons Board.
Meanwhile, on Jan 3, it was reported that the Istana Negara issued a statement saying that any requests from convicts looking for a pardon or sentence reduction must be submitted (again) to the Pardons Board before its next meeting, which is chaired by the current King.
The palace said such applications must follow constitutional procedures and will only be considered during the Pardons Board’s next meeting.
This, it said was in line with Article 42 of the Federal Constitution which gives the Yang di-Pertuan Agong the power to grant pardons, reprieves and respites based on the Pardons Board’s advice.
On Feb 2, 2024, the Federal Territories Pardons Board halved Najib’s 12-year prison sentence to six years and reduced his RM210 million fine to RM50 million.
After the partial pardon, he claimed he was informed of an additional order purportedly made by the former Agong during a Pardons Board meeting on Jan 29, 2024, allowing him to serve the remainder of his prison sentence under house arrest.
However, the Feb 2 statement from the Pardons Board made no mention of such an order.
On April 1, the same year, Najib filed an application for leave to seek judicial review seeking a mandamus order to compel the respondents to provide a response and verify the existence of the purported additional decree dated Jan 29, 2024.
The respondents are the government, Home Minister, Commissioner-General of Prisons, Attorney-General, Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, Minister in the Prime Minister’s Department (JPM) (Law and Institutional Reform) and Director-General of Legal Affairs Division at JPM.
The former Pekan member of parliament also seeks an order that, if the additional decree is confirmed to exist, the respondents be compelled to enforce it and facilitate his immediate transfer from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence under house arrest.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
