DECISION ON NAJIB'S ADDENDUM CASE BROUGHT FORWARD TO DEC 22

KUALA LUMPUR, Nov 25 (Bernama) -- The High Court here today set a new date, Dec 22, to deliver its decision on the judicial review application by Datuk Seri Najib Tun Razak over the purported existence of an addendum order allegedly authorising the former prime minister to serve the remainder of his prison sentence under house arrest.

Senior Federal Counsel Shamsul Bolhassan, representing the government and six other respondents, confirmed the date after the case management before Judge Alice Loke Yee Ching via Zoom today.

"Yes, the decision date has been brought forward to Dec 22 at 9 am," Shamsul said when contacted.

Yesterday, Judge Loke fixed Jan 5 next year to deliver the decision after hearing submissions from the parties involved.

In a letter obtained by reporters, law firm Messrs Shafee & Co, representing Najib, had written to High Court deputy registrar Syeela Marlina Uttaman for a reconsideration of the decision date.

It stated that the addendum order was issued on Jan 29, 2024, and should have been executed by the relevant authorities on the same date. 

"Our client is a 72-year-old man who has remained in custody for nearly two years since the addendum order was issued, far beyond what was ever intended, as the addendum order clearly provided that he could serve his sentence under home imprisonment. 

"Instead, he remains detained in prison to this day, solely due to the ongoing proceedings before this honourable court. Every additional day spent in custody is a day of liberty that can never be returned to him," as stated in the letter.

The legal firm also referred to the direction of the former Chief Judge of Malaya, Justice Tan Sri Hasnah Mohammed Hashim, who had instructed that the matter be disposed of within one month when it was brought up for appeal at the Federal Court on Aug 13 this year.

"In any case, if the Federal Court order on Aug 13 is strictly adhered to, the matter in the current proceedings should be concluded by Sept 14," it said, adding that Najib's prolonged detention had caused him immense distress, trauma and a significant deterioration to his emotional and overall well-being. 

On Aug 13, the Federal Court remitted the case to the High Court for a hearing on its merits before a new judge, after dismissing the Attorney General’s application for leave to appeal the decision of the Court of Appeal regarding the said addendum.

Najib, 72, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the purported document dated Jan 29, 2024.

He named the Home Minister, Commissioner-General of Prisons, Attorney-General, Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Minister in the Prime Minister’s Department (Law and Institutional Reform), director-general of the Legal Affairs Division in the Prime Minister’s Department, and the Government of Malaysia as respondents.

The former Pekan MP also sought an order that, if the additional document is proven to exist, all or any of the respondents be compelled to enforce it immediately and transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence.

Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.

The High Court initially sentenced him to 12 years in prison and fined him RM210 million, a decision which was subsequently upheld by the Court of Appeal and the Federal Court.

However, his petition for a royal pardon on Sept 2, 2022, resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.

-- BERNAMA