PUTRAJAYA: Datuk Seri Najib Razak (pic) has filed an application for leave to adduce additional evidence in his appeal to support his claim of a royal addendum allowing the remainder of his six-year prison sentence to be served under house arrest.
His lawyer Tan Sri Muhammad Shafee Abdullah told a three-judge panel of the Court of Appeal here on Thursday (Dec 5) that the application was filed two days earlier.
He said the court should first hear the application to adduce the additional evidence, adding that the appeal hearing scheduled for Thursday cannot proceed.
ALSO READ: Appeals court allows Najib to attend 'house arrest' addendum hearing on Dec 5
Senior federal counsel Shamsul Bolhassan, representing the government and seven other respondents, told the court he needed more time to verify the documents submitted in an affidavit attached to Najib’s application. He said the documents were not signed.
The panel, comprising Justices Datuk Azizah Nawawi, Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril, subsequently postponed the hearing of Najib’s appeal.
Justice Azizah also directed that case management be held to fix new hearing dates for Najib’s application and appeal.
The appeal pertains to his court challenge regarding an addendum purportedly issued by the 16th Yang di-Pertuan Agong which, according to him, would allow him to serve the rest of his prison sentence in the SRC International Sdn Bhd case under house arrest.
On July 3, the High Court rejected Najib’s application for leave to initiate the judicial review. He is appealing this decision at the Court of Appeal.
The High Court ruled that the four affidavits supporting his claim, including statements from Umno president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsay and inadmissible.
In his application, Najib is seeking a mandamus order to compel the respondents to respond and confirm the existence of the additional decree dated Jan 29 this year.
The other respondents are the Home Minister; Commissioner-General of Prisons; Attorney General; the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; Minister in the Prime Minister’s Department (Law and Institutional Reform); and Legal Affairs Division director-general.
ALSO READ: Court dismisses Najib’s arguments of royal addendum order
The former Pekan MP also requests that, if the additional decree exists, the respondents must enforce it and transfer him immediately from Kajang Prison to his residence in Kuala Lumpur to serve the rest of his sentence under house arrest.
Najib, 71, is currently serving a six-year prison sentence after being convicted of misappropriating RM42mil from SRC International funds.
The High Court had sentenced him to 12 years in prison with a fine of RM210mil. However, his sentence was reduced to six years and his fine cut to RM50mil following his petition for a royal pardon on Sept 2, 2022.
Outside the court on Thursday, Shafee told reporters that an affidavit affirmed by Najib’s son Datuk Mohd Nizar stated that he received documents from the Pahang palace.
He, however, said he could not reveal the contents of the affidavit. – Bernama
