PUTRAJAYA: The Federal Court has dismissed a preliminary objection by Datuk Seri Najib Razak against the Attorney General’s (AG) appeal relating to the existence of an additional document allegedly permitting the former prime minister to serve the remainder of his prison sentence under house arrest.
A three-member bench, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, in a unanimous decision, said that the seven questions of law proposed by the AG are justiciable and can be reviewed by the court.
The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah.
The panel fixed today to hear the AG’s appeal.
On April 28, the Federal Court granted leave to the AG to appeal over Najib’s additional document.
Justice Hasnah said the first three questions raised by the AG related to the adducing of fresh evidence are new legal issues that require further consideration by the court.
Regarding questions four to six, she said the questions related to the role of the AG, especially in relation to the failure to file a rebuttal affidavit during the leave stage of the judicial review application.
Justice Hasnah said Najib also submitted that questions four to six are an attempt by the AG to sidestep the duty of candour imposed on public authorities/the AG during judicial review proceedings.
“We are concerned whether such a duty can be imposed on the AG at the new stage of the judicial review proceedings. Question seven relates to justiciability, which was addressed by the High Court.
“The issue here is whether the subject matter, the addendum, is a subject matter justiciable to be reviewed by this court.
“This question is relevant to Article 42 of the Federal Constitution. Hence, it is our considered view that all the questions imposed by the AG were neither academic nor hypothetical in nature.
“We therefore unanimously dismiss the preliminary objection by the respondent,” she said, Bernama reported.
Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah while AG Tan Sri Mohd Dusuki Mokhtar appeared for the government.
On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib’s claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits.
This decision overturned the High Court’s earlier ruling, which had dismissed Najib’s application for leave to commence a judicial review regarding the alleged additional document.
Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court’s dismissal of his appeal and review application.
In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210mil to six years and RM50mil fine.
