Najib gets nod to attend addendum hearing
PUTRAJAYA: The Federal Court has allowed Datuk Seri Najib Razak's application to attend the court hearing of his judicial review challenging the existence of his house arrest order.
A three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim made the ruling after allowing Najib's lawyer Tan Sri Muhammad Shafee Abdullah's application today.
Other members of the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
Federal Counsel Ainna Sherina Saipolamin, who appeared for the Attorney-General's Chambers, did not object to the former prime minister's application.
The A-GC filed the appeal after the Court of Appeal granted Najib permission to initiate a legal bid to review the existence of an addendum order and to adduce additional affidavits in support of his application.
On April 28, the same court unanimously granted the A-GC's leave (permission) application to present its arguments to overturn the Court of Appeal's ruling.
The top court said the proposed questions raised by Attorney-General (A-G) Datuk Mohd Dusuki Mokhtar had passed the threshold requirements for leave to be granted under Section 96 of the Courts of Judicature Act (CJA) 1964.
"The questions posed are novel and raise issues of public importance, which should be further ventilated before this court.
"The questions are of public importance and can provide guidance to the courts on the correct approach to adopt when dealing with the admission of or the addition of evidence.
"The questions also pertain to the role of the A-G in judicial review proceedings, particularly whether the A-G is duty-bound under the law to confirm the existence of and supply copies of the impugned documents.
"The applicant also seeks to argue whether the A-G has an obligation to defend or verify the evidence at the leave stage of judicial review proceedings, in light of the provisions of Order 53 of the Rules of Court 2012," said the court.
The hearing is scheduled to begin on July 1.
On Jan 6, a three-bench Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib to adduce additional affidavits to support his application.
Other members of the bench were Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril.
Firuz, when reading the majority decision, said the evidence concerned was not available when they (the appellant) initially filed the leave to initiate a judicial review before the High Court last year.
Meanwhile, Azizah, in her minority decision, said there was no appealable error made by the lower court in ruling that the evidence presented in the hearing was hearsay.
Najib claims that a royal addendum allows him to serve the remainder of his jail term under house arrest.
He is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and the Federal Court.
However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon.
Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong, allowing him to serve the remainder of his prison sentence under house arrest.
Previously, the High Court had dismissed his application.
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