PUTRAJAYA: The Court of Appeal on Friday (Feb 13) granted former prime minister Datuk Seri Najib Razak’s application to be present at the hearings of two civil appeals.
The order was granted by a three-member bench comprising Justices Datuk Wong Kian Kheong, Datuk Seri Mohd Firuz Jaffril and Datuk Nadzarin Wok Nordin.
Najib’s counsel, Wan Mohammad Arfan Wan Othman, moved an ex parte application for the issuance of an order to produce to secure his client’s attendance at the hearings. Also present was lawyer M Naresh.
The first appeal arises from a defamation suit filed by Health Minister Datuk Seri Dzulkefly Ahmad against Najib, in which Dzulkefly is challenging the High Court’s dismissal of his application to recuse Judicial Commissioner (JC) Arziah Mohamed Apandi from hearing the case.
The second appeal was brought by Najib following the High Court’s dismissal of his application for leave to commence contempt proceedings against former attorney general (AG) Ahmad Terrirudin Mohd Salleh.
The appeal in Dzulkefly’s suit is scheduled to be heard on Feb 24, while Najib’s appeal is fixed for March 13.
Dzulkefly filed the defamation suit in his personal capacity in 2022, alleging that Najib had published a defamatory Facebook post on Aug 24, 2020, in relation to claims of cronyism. In July last year, JC Arziah dismissed Dzulkefly’s application seeking her recusal from presiding over the case.
In a separate matter, Najib applied for leave to initiate contempt proceedings against Ahmad Terrirudin, who is now a Federal Court judge, over an alleged addendum said to have permitted him to serve his prison sentence under house arrest.
The High Court dismissed the application in September last year, prompting Najib to appeal the matter.
Najib, 72, is currently serving a six-year prison sentence in the SRC International Sdn Bhd case after the Federal Court dismissed his appeal and subsequent review application.
In February 2024, the Pardons Board halved his original 12-year jail term and reduced his RM210mil fine to RM50mil.
He was also convicted by the High Court on charges of abuse of power and money laundering linked to 1Malaysia Development Bhd and sentenced to 15 years in prison. The former Pekan member of parliament has since appealed that decision.
During today’s proceedings, Wan Arfan raised no objection to Justices Wong Kian Kheong and Mohd Firuz Jaffril sitting on the panel after both made disclosures.
Justice Wong said he had previously sat on the Court of Appeal panel that heard Najib’s appeal against former AG Tommy Thomas, and that his wife had served as Law Revision Commissioner (Pesuruhjaya Semakan Undang) when Ahmad Terrirudin was the AG.
Justice Mohd Firuz disclosed that he was among the judges in the majority decision of the Court of Appeal in January last year concerning Najib’s appeal related to the alleged addendum. - Bernama
