PUTRAJAYA: The Court of Appeal today commenced proceedings on Datuk Seri Najib Tun Razak’s appeal concerning his assertion of the existence of a royal addendum, beginning with the hearing of the defence’s application to adduce additional evidence.
A three-member bench comprising Justices Datuk Azizah Nawawi, Datuk Azhahari Kamal Ramli, and Datuk Seri Mohd Firuz Jaffril heard submissions from Najib’s lawyer Tan Sri Muhammad Shafee Abdullah.
The former prime minister applied to present additional evidence to support his claim of the existence of such an addendum allegedly permitting him to serve the remainder of his prison sentence under house arrest.
After the submissions, the bench proceeded to hear Najib’s appeal against the High Court’s July 3, 2024, ruling dismissing his application for leave to commence the judicial review of a purported addendum issued by the 16th Yang di-Pertuan Agong.
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, 71, 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.
