PUTRAJAYA: Datuk Seri Najib Tun Razak has filed an appeal to the Court of Appeal against the dismissal of his application for leave to commence judicial review to challenge the existence of an addendum purportedly issued by the 16th Yang di-Pertuan Agong that would allow him to serve the remainder of his jail sentence under house arrest.
When contacted, Najib’s lawyer Muhammad Farhan Muhammad Shafee told Bernama the notice of appeal was filed on July 9.
According to the judiciary’s e-filing system, the appeal is fixed for case management on Oct 7.
On July 3, the High Court in Kuala Lumpur dismissed the former prime minister’s application to seek leave to commence the judicial review proceedings against eight respondents including the government to challenge the existence of the addendum.
High Court judge Datuk Amarjeet Singh made the decision on the basis that four affidavits filed in support of Najib’s application including the affidavits filed by Umno president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail were hearsays.
In his leave application filed last April, Najib, 70, is seeking a mandamus order to compel either all or one of the respondents to respond and confirm the existence of the additional decree dated Jan 29, this year.
Najib is also seeking a mandamus order that if the additional decree exists, all or one of the respondents must enforce it immediately by transferring him from Kajang Prison to his residence in Kuala Lumpur for him to serve the remainder of his prison sentence under house arrest.
He named Home Minister, Commissioner-General of Prisons, Attorney-General, the Pardons Board for the Federal Territory of Kuala Lumpur, Labuan and Putrajaya; Minister in the Prime Minister’s Department (Law and Institutional Reform), director-general of Legal Affairs Division at the PM's Department and the Malaysian Government as respondents in his application.
Najib has been serving his sentence in Kajang Prison since Aug 23, 2022, after being convicted of embezzling RM42mil in funds belonging to SRC International Sdn Bhd.
On Sept 2, 2022, he filed a petition for a royal pardon. The Pardon Board reduced Najib's prison sentence from 12 years to six years, while the fine was reduced from RM210mil to RM50mil.- Bernama
