KUALA LUMPUR: The High Court here has dismissed an application for a gag order against public discourse on Datuk Seri Najib Razak’s judicial review of a royal addendum order that purportedly would allow him to serve the rest of his sentence under house arrest.
Justice Alice Loke Yee Ching, in her decision, said the Attorney General’s application did not satisfy the threshold required for a gag order.
“I do not think a gag order would address the real and substantial risk to the fairness of the trial. I do not think there is a real risk to the fairness of the trial, if the gag order is not issued,” she said.
According to the judge, a lot has already been said in the public domain relating to Najib’s royal addendum judicial review and there were already adequate alternative measures to address concerns raised in the application.
“There are already defamation laws and laws of contempt that can be taken and resorted to.
“On the whole, I don’t find a gag order necessary. The application is hereby dismissed,” she said.
The court also granted RM20,000 in costs to Najib, to be paid by the applicant.
In the same proceedings, Justice Loke also dismissed the former prime minister’s application to include a supporting affidavit from his son, Datuk Mohd Nizar.
The additional document is a letter dated Jan 4 and signed by the Comptroller of the Royal Household of the Sultan of Pahang, purportedly confirming the authenticity of the addendum order.
Justice Loke said the application was superseded by the leave that was granted for Najib to commence the judicial review and therefore, the application had become “water under the bridge”.
Najib had filed the application for leave for judicial review relating to the royal addendum on April 1, 2024.
He named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, 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, 2024.
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, 2024, the Kuala Lumpur High Court dismissed Najib’s application for leave, citing hearsay in supporting affidavits.
On Jan 6, Najib’s judicial review application linked to the addendum order was sent back to the High Court for a hearing on its merits after he won his appeal at the Court of Appeal in a 2-to-1 majority decision.
On Jan 20, the AGC applied for a gag order, citing that the case involved sensitive issues and the integrity of the case had to be protected.
In its supporting affidavit, the AG cited several public forums, a podcast and a Spotify playlist that have been discussing Najib’s royal addendum bid.
It contended 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.
The substantive hearing on Najib’s judicial review on the royal addendum is fixed for Nov 24.
