KUALA LUMPUR: Former attorney general Tan Sri Ahmad Terrirudin Mohd Salleh had custody or access to the addendum order that would purportedly allow Datuk Seri Najib Razak to serve the remainder of his prison term under house arrest, but chose to suppress it, the High Court heard.
Najib's lead counsel Tan Sri Muhammad Shafee Abdullah said Ahmad Terrirudin, now a Federal Court judge, had misled the court and failed in his duty of candour when he instructed his Senior Federal Counsels (SFCs) to argue in court that no such document existed.
The SFCs had objected to Najib's leave application to commence judicial review over the addendum order, saying that the order was "speculative and hearsay".
Muhammad Shafee was submitting on Tuesday (Aug 19) in a leave application filed by Najib to cite Ahmad Terrirudin for contempt of court for suppressing the addendum order.
"We are saying there is overwhelming evidence that he knows about the addendum order," he said.
In the written submission, former prime minister Najib contended that the addendum order was explicitly addressed to Ahmad Terrirudin by his name and official designation as AG.
"The (former) AG is so intimately aware of the addendum order, and he's trying to block it.
"The duty of candour applies more rigidly to him than anybody else," Shafee said.
The court was also apprised of the concession by current AG Tan Sri Mohd Dusuki Mokhtar, before the Federal Court, on the existence of the addendum order.
"The existence (of the addendum order) is now confirmed by the AG at the Federal Court level.
"If you look at the gamut of the facts, isn't this an interference of justice? (Shouldn't) leave...be given the moment the addendum is admitted?" Shafee said.
SFC Shamsul Bolhassan, in his reply, said the leave application was baseless and an abuse of court process.
He also said that the contention that the AG bears the duty of candour at the leave stage was "wholly misplaced".
"The respondent does not bear the duty of candour in the course of appearing at the leave stage of judicial review, and thus cannot be faulted for not confirming the addendum order," Shamsul said.
Justice Alice Loke then fixed Sept 4 for the decision.
"I've heard the submissions but I will need some time to deliberate.
"I will deliver the decision at 2.30pm on Sept 4," she said.
On May 21, Najib applied for leave to cite Ahmad Terrirudin for contempt of court on claims that the former AG had misled the court and suppressed the copy of the addendum order that would purportedly allow him to serve the remainder of his prison time under house arrest.
On Aug 13, the Federal Court upheld a 2-1 majority decision by the Court of Appeal, instructing that Najib's judicial review application on the addendum order be remitted back to the High Court for a full hearing.
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), 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 the Kajang Prison to his residence in Kuala Lumpur, where he would serve his remaining sentence in the SRC International Sdn Bhd case under house arrest.
