PUTRAJAYA: Datuk Seri Najib Razak failed to exercise reasonable diligence to obtain the addendum he claims would allow him to be under house arrest when he filed for leave to initiate judicial review over the matter, the Federal Court heard.
Attorney General Tan Sri Mohd Dusuki Mokhtar submitted that Najib had every opportunity to obtain the addendum before the filing, but his action showed otherwise.
"The respondent failed to demonstrate any evidence of reasonable diligence having been exercised to obtain the fresh evidence during the proceedings at the High Court," he said here on Wednesday (July 2).
The AG was submitting at the hearing of an appeal he filed to set aside a 2-1 majority ruling by the Court of Appeal on Jan 6 that remitted Najib’s case back to the High Court to be heard on its merits.
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Najib's application at the High Court was on his claim that the addendum exists and would allow him to serve the remainder of his prison sentence under house arrest.
Dusuki said Najib's son Mohd Nizar who was a member of the Pahang state executive council, could have obtained the addendum through reasonable diligence given his frequent attendance at meetings with His Royal Highness the Sultan of Pahang.
Despite this, the addendum was only obtained after the decision at the High Court.
"Non-compliance with this condition renders their application to adduce fresh evidence untenable," the AG said.
Meanwhile, Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said that the Attorney General's Chambers was already aware of the addendum order as it was directly addressed to the then AG.
The hearing resumes before a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim on July 9.
The other judges on the bench are Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah.
On April 28, the Federal Court granted leave to the AG to appeal over Najib’s additional document.
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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.
