KUALA LUMPUR, Sept 19 (Bernama) — The High Court here today dismissed Datuk Seri Najib Tun Razak’s bid to amend his judicial review application regarding the purported existence of an additional document allegedly authorising him to serve the remainder of his prison sentence under house arrest.
The former prime minister is seeking to include a supporting affidavit from his son, Datuk Mohd Nizar, which exhibits a letter dated Jan 4, 2025, signed by the Pengelola Bijaya Di-Raja from the Office of the Sultan of Pahang, which purports to confirm the authenticity of a copy of the Addendum Order.
Justice Alice Loke Yee Ching ruled that the amendments clearly go beyond merely an exercise to update the facts in the statements by including developments which have taken place since the filing of the judicial review application.
“Instead, there are allegations sought to be drawn arising from these facts, as the allegations are matters which have now been superseded by the grant of leave (for judicial review) to allow these matters to be stated, requiring a response from the respondents to clearly prejudice them.
“As for the factual matters, both the affidavits of Mohd Nizar, which has been allowed to be included as evidence, would suffice. In the result, enclosure 98 (application for amendment) is dismissed,” she said.
Meanwhile, the court also dismissed the application by Attorney-General’s Chambers (AGC) to obtain a gag order to prohibit anyone from discussing issues related to the judicial review application.
“I do not think that issuing a gag order would address the real and substantial risk to the fairness of the trial,” the judge said, adding that Najib’s addendum judicial review had already been the subject of extensive public discussion.
The judge further said there were already adequate alternative measures to address the concern that the gag order sought to restrict.
“There are already defamation laws and laws of contempt that can be taken and can be resorted to. On the whole, I don’t find a gag order necessary. The application is hereby dismissed,” she said, ordering the AGC to pay RM20,000 in costs to Najib.
Najib, 72, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the purported document dated Jan 29, 2024.
He named the Home Minister, Commissioner-General of Prisons, Attorney-General, Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Minister in the Prime Minister’s Department (Law and Institutional Reform), Director-General of the Legal Affairs Division in the Prime Minister’s Department, and the Government of Malaysia 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 Dr Ahmad Zahid Hamidi and vice president Datuk Seri Wan Rosdy Wan Ismail, constituted hearsay and were inadmissible as evidence.
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 which was subsequently upheld by the Court of Appeal and the Federal Court. However, his petition for a royal pardon on Sept 2, 2022, resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.
— BERNAMA