PUTRAJAYA — The Court of Appeal has sent Datuk Seri Najib Razak’s judicial review on a royal addendum order for his house arrest back to the high court for hearing.
The three-member bench was 2-1 on remitting the case back for hearing in the lower court which had dismissed his application for a judicial review on the addendum order.
Judge Datuk Azizah Nawawi, in reading out the court’s decision, noted how the government had not filed any challenge or dispute against the existence of the addendum order.
There being no challenge by the government, she said the court “cannot ignore that there is an order, and hence allows the evidence given.
On the main appeal, she said the issue of hearsay “can no longer stand” as Najib’s application for judicial review only needs to show that there is an arguable case.
“The matter is to be remitted back to high court for hearing again,” Azizah said.
Azizah read out the majority decision, by judges Datuk Azhahari Kamal Ramli, and Datuk Seri Mohd Firuz Jaffril, who held that Najib could not have obtained evidence on the addendum order, noting that although his legal team had sent letters to the government, they received no response.
Noting the high court’s decision to dismiss supporting affidavits by Umno president Datuk Seri Zahid Hamidi and Pahang Menteri Besar Datuk Wan Rosdy Wan Ismail as hearsay, the concurring judges said Najib was only able to file fresh evidence on the addendum order after the high court’s dismissal.
“(Datuk Mohamad) Nizar (Najib) obtained a copy of the addendum from the Pahang palace, with the condition that it could not be used without royal consent. Consent was only given recently,” the majority decision stated, referring to the letter dated Jan 4 from the Pahang Royal Council to Nizar that was tendered in court today.
“We are of the view that the defence could only file fresh evidence now. Moreover, the prosecution has never rebutted the evidence given by Nizar,” the concurring judges added.
Azizah, in her dissenting judgement said the fresh evidence did not meet certain conditions, adding she found “no error in the high court judgement”.
She said fresh evidence could have been obtained by Nizar, who, as a Pahang exco, met the Sultan regularly.
Additionally, she said there was no legal duty imposed on the government to confirm the existence of the addendum order.
She also agreed that affidavits filed by Zahid and Wan Rosdy were hearsay because they were based on a screenshot of the addendum order provided by Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz.
Outside the court later, Shafee told media that case mention for Najib’s judicial review will be held in the high court with a different judge on Jan 13.
On July 3 last year, the high court judge Datuk Amarjeet Singh dismissed Najib’s application for leave to commence a judicial review over the addendum order. The court also found that supporting affidavits – by Zahid and Wan Rosdy were purely hearsay.
Last month, Najib’s legal team submitted an unsigned addendum order as fresh evidence in an affidavit filed by his son Datuk Mohamad Nizar Najib.
Shafee told the Court of Appeal today that the order was unsigned because it was a personal record belonging to Sultan of Pahang, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, who was the 16th Yang di-Pertuan Agong that issued the addendum order before his reign ended.
Shafee also tendered to the court today a letter by the Comptroller of the Pahang royal household confirming the existence and authenticity of the addendum order.
Najib, 71, is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
He was sentenced to 12 years in prison with a fine of RM210 million. Following his petition for a pardon, this was reduced to six years and RM50 million on January 29, 2024, by the Federal Territories Pardons Board which the Yang di-Pertuan Agong chairs. – January 6, 2025
