PUTRAJAYA: The Federal Court today rejected former prime minister Datuk Seri Najib Tun Razak’s preliminary objection against the Attorney-General’s appeal concerning an alleged document allowing him to serve his prison term under house arrest.
A three-judge panel, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, unanimously ruled that the seven legal questions raised by the AG are justiciable and subject to judicial review. The bench included Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
The court scheduled the hearing for the AG’s appeal to proceed tomorrow.
On April 28, the Federal Court granted the AG leave to appeal over Najib’s additional document.
Justice Hasnah stated that the first three questions raised by the AG relate to fresh evidence and present new legal issues requiring further consideration.
Regarding questions four to six, she noted they concern the AG’s role, particularly the failure to file a rebuttal affidavit during the judicial review application’s leave stage.
Najib argued that these questions were an attempt by the AG to bypass the duty of candour imposed on public authorities during judicial review proceedings.
“We are concerned whether such a duty can be imposed on the AG at this new stage of judicial review. Question seven relates to justiciability, which the High Court addressed,” Justice Hasnah said.
She added that the issue of whether the addendum is justiciable under Article 42 of the Federal Constitution is relevant. The court found all questions raised by the AG neither academic nor hypothetical.
Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah, while Attorney-General Tan Sri Mohd Dusuki Mokhtar acted for the AG.
On Jan 6, the Court of Appeal, in a 2-1 majority decision, remitted Najib’s case to the High Court to examine his claim of an additional document permitting house arrest. This overturned the High Court’s earlier dismissal of his judicial review application.
Najib is currently serving a six-year sentence in the SRC International case after the Federal Court dismissed his appeal and review application.
In February last year, the Pardons Board reduced his initial 12-year sentence and RM210 million fine to six years and a RM50 million fine.
