Najib's royal addendum lacked authenticity, says A-G

New Straits Times

a day ago

PUTRAJAYA: The royal addendum order by the former Yang di-Pertuan Agong that purportedly allowed Datuk Seri Najib Razak to serve his remaining jail term under house arrest lacked official authenticity, the Federal Court heard today.
Attorney-General (A-G) Tan Sri Mohd Dusuki Mokhtar said the document, which was brought up by the former prime minister, lacked the official seal and signature of Pahang Sultan Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah..
He said the document was also addressed to former attorney-general Tan Sri Ahmad Terrirudin Mohd Salleh, who is now a Federal Court judge, instead of the director-general of the Prisons Department.
"The document also lacks the signature of the federal territories minister and differs materially in format and structure from the early release order.
"Najib also failed to prove the authenticity of the document," he said in his submissions to persuade the court to dismiss Najib's judicial review to compel the government to confirm the royal decree's existence and to implement its order.
Dusuki said the former Pekan member of parliament had also failed to show urgency when he learned about the existence of the document, as he made no immediate effort to verify its authenticity or bring it before the court in a timely manner.
"He did not show that he tried to contact Istana Negara or Istana Pahang over the purported document."
However, Najib's lawyer Tan Sri Muhammad Shafee Abdullah argued that the A-G's appeal should be dismissed as the issues raised by the Attorney-General's Chambers (A-GC) did not warrant the top court's intervention under Section 96 of the Courts of Judicature Act.
"The questions of law posed do not affect the outcome of the appeal since the Court of Appeal is dealing with an interlocutory matter — the leave application to commence judicial review.
"The existence of the addendum order, which was initially dismissed as hearsay by the High Court, was later supported by direct evidence in the form of affidavits and a copy of the order provided by the former king via the Pahang royal household.
"The fresh evidence, if true, would have had a determining influence upon the High Court's decision," he said.
Shafee, in explaining why the document was not produced earlier, said Najib's eldest son Mohamad Nizar had made multiple attempts to seek permission to use the copy, but was only given the green light on Dec 2.
Nizar in his supporting affidavit filed before the Court of Appeal had claimed that the Comptroller of the Sultan of Pahang's Royal Household, Datuk Ahmad Khirrizal Ab Rahman, had personally confirmed the existence and authenticity of the document.
Shafee countered Dusuki by saying it was the A-GC's refusal to acknowledge or deny the authenticity of the document, despite it being addressed to the former A-G, that demonstrated a breach of the duty of candour.
He said the A-GC also had every opportunity and means to verify the document with the Pahang royal household, but chose to remain silent.
On Jan 6, a three-member Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib's application to adduce additional affidavits to support his application.
Najib, 71, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024.
He 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, a verdict that was subsequently upheld by the Court of Appeal and the Federal Court.
However, his prison sentence was halved to six years and his fine reduced to RM50 million following his petition for a royal pardon in February last year.