The High Court hears the purported addendum order for Najib Razak’s house arrest was never discussed during the Pardons Board meeting, with the government arguing it is legally unenforceable.
KUALA LUMPUR: The High Court was told that a purported addendum order allegedly authorising Datuk Seri Najib Tun Razak to serve his prison sentence under house arrest was never discussed during the 61st Pardons Board Meeting.
Senior Federal Counsel Shamsul Bolhassan, representing the government and six other respondents, submitted that the contents of the addendum order were not deliberated during the meeting chaired by the 16th Yang di-Pertuan Agong on Jan 29, 2024.
He said any decision regarding a pardon application in the Federal Territory must be determined by the Yang di-Pertuan Agong through the Pardons Board at a meeting presided over by His Majesty.
“Based on the Minutes of the 61st Pardons Board Meeting, only one decision was made during that meeting, namely the Yang di-Pertuan Agong’s 50 per cent decision on Najib’s SRC case,” he said during the substantive hearing of Najib’s judicial review application.
Shamsul argued that the addendum order was not issued in accordance with the proper procedural framework prescribed under Article 42 of the Federal Constitution.
He stated that the Pardons Board was therefore unable to provide the advice mandated under Article 42(9), making the addendum order legally unenforceable.
According to Shamsul, during the meeting, the Yang di-Pertuan Agong initially proposed that Najib be granted a full pardon and requested members’ views.
The majority of Pardons Board members expressed the view that Najib should not be granted a full pardon.
The Yang di-Pertuan Agong then proposed that Najib be granted a 50 per cent reduction of his prison sentence and fine.
Najib’s counsel Tan Sri Muhammad Shafee Abdullah submitted that the addendum order was valid and exists.
“It has been more than a year since the order was issued. This addendum order has not been enforced,” he said.
“My client is still in prison and he should be under house arrest.”
Justice Alice Loke Yee Ching fixed Jan 5 to deliver the decision.
Najib is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the purported document dated Jan 29, 2024.
He also seeks an order that, if proven to exist, the respondents be compelled to enforce it immediately and transfer him from Kajang Prison to his residence in Kuala Lumpur.
Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.
The High Court initially sentenced him to 12 years in prison and fined him RM210 million, a decision upheld by the Court of Appeal and Federal Court.
His petition for a royal pardon resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.
