KUALA LUMPUR: The gag order on public discourse over Datuk Seri Najib Razak's judicial review on his "house arrest" royal addendum order is meant to stop prejudicial comments on the case and compromise a fair trial, says the Attorney General's Chambers (AGC).
Solicitor-General Datuk Suzana Atan, who affirmed an affidavit-in-reply, said that there was a need for the gag order to protect the integrity of the case.
The affidavit-in-reply was filed at the High Court here on Wednesday (Feb 19).
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She cited several public forums, a podcast and a Spotify playlist as exhibits attached in the affidavit.
Some of the public forum posters included in the exhibit were: "Townhall Rakyat Mencari Kebenaran – Badan Kehakiman & Keadilan Rakyat (1MDB, SRC, IPIC, DNAA, DAA, Hearsay, Addendum, Tahanan Politik, Konflik Kepentingan, Tahanan Rumah, Hak Rakyat)"; "Townhall Rakyat Mencari Kebenaran – Pengampunan Diraja: Skop dan Halangan"; "Titah Adendum Disorok? Siapa yang Bertanggungjawab"; and "Wacana Awam – Menolak Lupa: Najib Razak, 1MDB & Tahanan Rumah".
THe Spotify playlist is titled "This is Royal Addendum" by Kuasa Siswa, a handle used by political activist Fahmi Reza.
Suzana stated that the gag order was meant for all parties including the respondents in the case from discussing the subject matter inside or outside the court proceedings.
"Therefore, the gag order application would not prejudice the applicant from presenting his case in court," she added.
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The AGC's affidavit-in-reply was in response to Najib's affidavit that objected to the government's application for a gag order.
Najib, in his affidavit, claimed there was no immediate risk to a fair trial or national security if the media reported on the case for public dissemination and mature discussion.
On Jan 6, Najib's judicial review application linked to the addendum order was remitted to the High Court by the Court of Appeal for a hearing on its merits.
A case management will be held before a deputy registrar on March 11.
Najib filed the application for leave for judicial review on April 1 last year.
He named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister in the Prime Minister's Department (Law and Institutional Reform), the director-general of Legal Affairs at the Prime Minister's Department, and the government as the first to seventh respondents respectively.
In the notice of application, Najib sought a mandamus order that all of the respondents or one of them answer and verify the existence of the addendum order dated Jan 29 last year.
Najib is seeking a mandamus order where, if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence under house arrest.
On July 4, the Kuala Lumpur High Court dismissed Najib's application for leave, citing hearsay in supporting affidavits. He later won his appeal at the appellate court.
Former prime minister Najib, 71, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42mil from SRC International Sdn Bhd.
He filed a petition for a royal pardon on Sept 2, 2022, which led to the Pardons Board's decision to reduce his prison sentence from 12 years to six years and his fine from RM210mil to RM50mil.
