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Umno leaders should understand procedure before 'threatening' PM, says Tuaran PKR chief
Umno leaders should understand procedure before 'threatening' PM, says Tuaran PKR chief

The Star

time5 days ago

  • Politics
  • The Star

Umno leaders should understand procedure before 'threatening' PM, says Tuaran PKR chief

KOTA KINABALU: Umno leaders must first understand legal procedures before issuing 'threats' against the Prime Minister over the royal addendum involving Datuk Seri Najib Razak, says Tuaran PKR chief Razeef Rakimin. He was referring to remarks made by Wangsa Maju Umno chief Datuk Seri Dr Mohd Shafei Abdullah, which he said showed a disregard for constitutional processes and only served to stir public confusion. 'It is foolish to issue threats without understanding the law or procedure — this only shows how little some Umno leaders actually grasp about the Constitution,' he said in a statement Friday (July 18). 'In Najib Razak's pardon situation, the Pardons Board had already agreed to reduce his sentence to six years' jail and a RM50mil fine, down from the original 12 years and RM210mil fine,' he added. On Thursday (July 17), it was reported that Shafei, speaking before 160 Umno division leaders, urged Umno president Datuk Seri Dr Ahmad Zahid Hamidi to meet with Prime Minister Datuk Seri Anwar Ibrahim to push for the implementation of a royal addendum allowing Najib to serve the remainder of his sentence under house arrest. He also warned that further action may be taken if the government fails to act on the matter. Razeef said the so-called addendum was not valid under the Federal Constitution as it was never presented to or approved by the Pardons Board. 'Umno, which I believe has many legal practitioners, should understand that under Article 42(4) of the Federal Constitution, the power of pardon is subject to the advice of the Pardons Board. 'And based on the 1994 amendment to Article 40(1A), the Yang di-Pertuan Agong must act in accordance with that advice,' he said. Razeef said Najib's family or Umno should instead submit a fresh application in order for the matter to be properly considered by the Pardons Board. 'Using an addendum that did not go through the proper legal channel only exposes the ignorance of Umno's leadership,' he added. 'At the very least, they should respect the law and judiciary by allowing court proceedings on the matter to conclude first.' Razeef also said Umno should be grateful that Anwar — despite being imprisoned during Najib's premiership — did not act out of vengeance. 'Instead, Anwar supported a reduction in Najib's sentence in recognition of his service as prime minister,' he said.

Umno Youth calls for immediate enforcement of 'royal addendum' on Najib's house arrest
Umno Youth calls for immediate enforcement of 'royal addendum' on Najib's house arrest

The Star

time13-07-2025

  • Politics
  • The Star

Umno Youth calls for immediate enforcement of 'royal addendum' on Najib's house arrest

PETALING JAYA: Umno Youth is calling for the immediate enforcement of the royal addendum decree allowing former prime minister Datuk Seri Najib Razak to serve the remainder of his sentence under house arrest. This comes following the Attorney General's confirmation that the decree exists. In a media statement on Sunday (July 13), Umno Youth said the confirmation that the decree exists was shocking, particularly after public denials and controversy surrounding it. "Umno Youth welcomes this and believes that since the royal addendum has been confirmed, it must be implemented immediately without further delay," read the statement on Sunday (July 13). It said continued refusal to execute the decree would amount to an affront to the monarchy. Umno Youth also criticised Kepong MP Lim Lip Eng for questioning the house arrest proposal for Najib, saying the matter is not a political request but one supported by legal and constitutional procedures. "This is not just a proposal by Umno. It is grounded in the addendum that the Attorney General has acknowledged exists. "It was made through legal and constitutional channels, not out of political motivation or arbitrarily," the statement said. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February 2024, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil.

Responsibility for transactions lies with SRC International's board, says lawyer
Responsibility for transactions lies with SRC International's board, says lawyer

The Star

time08-07-2025

  • Business
  • The Star

Responsibility for transactions lies with SRC International's board, says lawyer

KUALA LUMPUR: The High Court was told on Tuesday (July 8) that the responsibility for transactions undertaken by SRC International Sdn Bhd lies with its board of directors and management. Lawyer Muhammad Farhan Muhammad Shafee, representing Datuk Seri Najib Razak, submitted that his client did not exercise exclusive control over SRC's operations or the handling of loan proceeds obtained from the Retirement Fund Inc (KWAP). "The board executed all relevant transactions and bore responsibility for oversight. If any misappropriation occurred, it was due to the board's own decisions. Even taking Najib's purported instructions at their highest, he ultimately vested responsibility in the board to properly manage the funds,' he said. Muhammad Farhan advanced the submission during the hearing of SRC's US$1.18bil civil suit against Datuk Seri Najib Razak and former SRC chief executive officer Nik Faisal Ariff Kamil, who remains at large. He further contended that Najib neither exercised control over the decisions of SRC's board of directors nor owed fiduciary duties to the company in the capacity of a director. "Any formal roles or shareholder approval rights he held were part of lawful governance structures and did not make him the 'controlling mind' of SRC in breach of duty. "In other words, responsibility, duty, trust - and ultimately, liability - rest with the board,' said Muhammad Farhan before Judge Datuk Ahmad Fairuz Zainol Abidin. The submission will resume on Aug 25. In May 2021, SRC, through its new management, initiated the suit alleging that Najib had committed breaches of trust and abuse of power, personally benefitted from company funds and misappropriated those funds. The company is also seeking a declaration that Najib is liable for the company's losses arising from his alleged breaches of duty and trust, and an order compelling him to repay RM42mil in losses purportedly suffered by the company. Najib is currently serving a jail term in Kajang Prison for the misappropriation of RM42mil in the SRC International funds case. On Sept 2, 2022, he filed a petition for a royal pardon. This led to his jail term being halved from 12 to six years and the RM210mil fine imposed on him reduced to RM50mil on Jan 29, 2024. - Bernama

Najib did not make reasonable effort to obtain 'royal addendum', apex court hears
Najib did not make reasonable effort to obtain 'royal addendum', apex court hears

The Star

time02-07-2025

  • Politics
  • The Star

Najib did not make reasonable effort to obtain 'royal addendum', apex court hears

PUTRAJAYA: Datuk Seri Najib Razak failed to exercise reasonable diligence to obtain the addendum he claims would allow him to be under house arrest when he filed for leave to initiate judicial review over the matter, the Federal Court heard. Attorney General Tan Sri Mohd Dusuki Mokhtar submitted that Najib had every opportunity to obtain the addendum before the filing, but his action showed otherwise. "The respondent failed to demonstrate any evidence of reasonable diligence having been exercised to obtain the fresh evidence during the proceedings at the High Court," he said here on Wednesday (July 2). The AG was submitting at the hearing of an appeal he filed to set aside a 2-1 majority ruling by the Court of Appeal on Jan 6 that remitted Najib's case back to the High Court to be heard on its merits. ALSO READ: Apex court rejects Najib's bid to block AG's appeal Najib's application at the High Court was on his claim that the addendum exists and would allow him to serve the remainder of his prison sentence under house arrest. Dusuki said Najib's son Mohd Nizar who was a member of the Pahang state executive council, could have obtained the addendum through reasonable diligence given his frequent attendance at meetings with His Royal Highness the Sultan of Pahang. Despite this, the addendum was only obtained after the decision at the High Court. "Non-compliance with this condition renders their application to adduce fresh evidence untenable," the AG said. Meanwhile, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said that the Attorney General's Chambers was already aware of the addendum order as it was directly addressed to the then AG. The hearing resumes before a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim on July 9. The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah. On April 28, the Federal Court granted leave to the AG to appeal over Najib's additional document. ALSO READ: Najib allowed to attend hearing of AG's appeal over 'royal addendum' On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib's claim of the existence of an additional ­document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits. This decision overturned the High Court's earlier ruling, which had dismissed Najib's application for leave to commence a judicial review regarding the alleged additional document. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil.

Apex court rejects Najib's bid to block AG's appeal
Apex court rejects Najib's bid to block AG's appeal

The Star

time02-07-2025

  • Politics
  • The Star

Apex court rejects Najib's bid to block AG's appeal

PUTRAJAYA: The Federal Court has dismissed a preliminary objection by Datuk Seri Najib Razak against the Attorney General's (AG) appeal relating to the existence of an additional document allegedly permitting the former prime minister to serve the remainder of his prison sentence under house arrest. A three-member bench, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, in a unanimous decision, said that the seven questions of law proposed by the AG are justiciable and can be reviewed by the court. The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah. The panel fixed today to hear the AG's appeal. On April 28, the Federal Court granted leave to the AG to appeal over Najib's additional document. Justice Hasnah said the first three ­questions raised by the AG related to the adducing of fresh evidence are new legal issues that require further consideration by the court. Regarding questions four to six, she said the questions related to the role of the AG, especially in relation to the failure to file a rebuttal affidavit during the leave stage of the judicial review application. Justice Hasnah said Najib also submitted that questions four to six are an attempt by the AG to sidestep the duty of candour imposed on public authorities/the AG during judicial review proceedings. 'We are concerned whether such a duty can be imposed on the AG at the new stage of the judicial review proceedings. Question seven relates to justiciability, which was addressed by the High Court. 'The issue here is whether the subject matter, the addendum, is a subject matter justiciable to be reviewed by this court. 'This question is relevant to Article 42 of the Federal Constitution. Hence, it is our considered view that all the questions imposed by the AG were neither academic nor hypothetical in nature. 'We therefore unanimously dismiss the preliminary objection by the respondent,' she said, Bernama reported. Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah while AG Tan Sri Mohd Dusuki Mokhtar appeared for the government. On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib's claim of the existence of an additional ­document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits. This decision overturned the High Court's earlier ruling, which had dismissed Najib's application for leave to commence a judicial review regarding the alleged addi­tio­nal document. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil fine.

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