PUTRAJAYA: The Federal Court was informed that former Prime Minister Datuk Seri Najib Tun Razak did not exercise reasonable diligence in securing an alleged additional document that purportedly authorised him to serve his prison sentence under house arrest.
The submission was made during the judicial review leave application at the High Court.
Attorney-General Tan Sri Mohd Dusuki Mokhtar argued that Najib had sufficient opportunity to obtain the document when filing for leave but failed to do so.
He pointed out that Najib’s son, Datuk Mohamad Nizar, a Pahang State Executive Council member, could have procured the document given his access to the Sultan of Pahang.
“However, the addendum was only obtained after the decision of the High Court.
“Therefore, the respondent failed to exercise reasonable diligence to obtain the alleged addendum from Sultan Pahang to adduce it at the High Court when the respondent had all the opportunity to do so,“ Mohd Dusuki submitted.
The Federal Court panel, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, heard that the minority judgment of the Court of Appeal correctly concluded the lack of reasonable diligence.
Mohd Dusuki added that the majority decision erred in finding the alleged addendum credible, as the supporting evidence was based on hearsay.
Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, countered that the Attorney-General’s Chambers was aware of the alleged addendum, as it had been addressed to the former AG.
On April 28, the Federal Court granted leave to the AG to appeal against the Court of Appeal’s decision regarding the alleged document.
Earlier, on Jan 6, the Court of Appeal had remitted Najib’s application to the High Court for further review.
Najib is currently serving a six-year sentence for his conviction in the SRC International case, following a commutation by the Pardons Board in February 2023.
The hearing will resume on July 9.
