PUTRAJAYA, Aug 13 — Ex-prime minister Datuk Seri Najib Razak may proceed with his bid to compel the government to enforce a royal addendum that would let him serve the rest of his sentence under house arrest, the Federal Court unanimously ruled.
The decision was delivered by a three-member panel comprising Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim and Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
This follows the Attorney-General’s Chambers’ appeal to block Najib from pursuing a judicial review at the High Court to seek the disclosure and enforcement of the addendum, issued by then king Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah.
The decision, delivered by the Federal Court panel after hearing arguments on July 9, meant Najib will now have his day in High Court.
On January 6, a three-member Court of Appeal panel voted two-to-one in favour of Najib, allowing him to file additional affidavits in support of his application.
Najib, 72, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the purported document dated January 29, 2024, reported Bernama.
He named the home minister, Prisons Department commissioner-general, Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, minister in the Prime Minister’s Department (Law and Institutional Reform), the Prime Minister’s Department Legal Affairs Division director-general, and the Malaysian government as respondents.
The former Pekan MP also sought an order that, if the additional document is proven to exist, all or any of the respondents be compelled to enforce it immediately and transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence.
On July 3 last year, High Court judge Datuk Amarjeet Singh dismissed Najib’s application for leave to commence judicial review proceedings, ruling that the four supporting affidavits submitted, including statements from Umno president Datuk Seri Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, constituted hearsay and were inadmissible as evidence.
Najib was sentenced to 12 years in prison and fined RM210 million for misappropriating RM42 million from SRC International Sdn Bhd, a 1Malaysia Development Bhd (1MDB) subsidiary.
However, on February 2 last year, the Pardons Board agreed to shorten his jail time to six years and lower his fine to RM50 million.
Najib has been serving his sentence at Kajang Prison since August 23, 2022.
