KUALA LUMPUR: The Court of Appeal will hear tomorrow Datuk Seri Najib Tun Razak’s appeal against the dismissal of his bid to serve the remainder of his six-year prison sentence under house arrest, based on his claim of the existence of a royal addendum to that effect.
The hearing, which was initially scheduled for Dec 5, last year, will commence at 9 am before a three-member bench comprising Justices Datuk Azizah Nawawi, Datuk Azhahari Kamal Ramli, and Datuk Seri Mohd Firuz Jaffril.
The court will also hear the former premier’s application to adduce additional evidence to support his claim of the existence of such an addendum.
The hearing was postponed to Jan 6 after Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, informed a three-judge panel that he had filed an application on Dec 3 of last year to present additional evidence.
Najib, 71, is appealing the Kuala Lumpur High Court’s July 3 decision last year, which dismissed his application for leave to commence a judicial review of a purported addendum issued by the 16th Yang di-Pertuan Agong.
He claims the addendum would permit him to serve the remainder of his prison sentence under house arrest.
High Court Judge Datuk Amarjeet Singh had ruled that the four affidavits supporting Najib’s claim, including from UMNO president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsay and inadmissible.
Najib is 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 Malaysian Government, the Home Minister; the Commissioner-General of Prisons; the Attorney-General; the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya; the 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.
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 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 on Sept 2, 2022.
