Disputing the manner in which the document was tendered to the court.
The Attorney General’s Chambers (AGC) is not contesting the existence of the royal addendum that Datuk Seri Najib Razak claims allows him to serve the remainder of his sentence under house arrest, the Federal Court was told.
Senior Federal Counsel Shamsul Bolhassan, addressing a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, said the AGC was only challenging how the document was presented in Najib’s judicial review application at the High Court.
He argued that Najib must adhere to court procedures when submitting new evidence.
“We maintain our stand. We rely on our submission and leave it to the court,” he said yesterday.
The Federal Court was hearing submissions in the AG’s appeal to overturn the 2-1 majority ruling by the Court of Appeal on 6 January, which had sent Najib’s case back to the High Court for a full hearing. The other judges on the panel were Justices Zabariah Mohd Yusof and Hanipah Farikullah.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, argued that the principle of candour in judicial review did not require Najib to obtain a copy of the addendum order, stating it was the AG’s responsibility to confirm or deny its existence at the leave stage.
He said the question of whether the document was available with reasonable diligence during earlier proceedings was irrelevant as Najib’s witnesses had affirmed they did not have access to the order at the time due to its classified nature.
Muhammad Shafee added that the document was later obtained by Najib’s son, Datuk Mohamad Nizar, only after the High Court’s decision. Even then, it came with the condition that it could not be used without palace consent.
“This restriction is crucial. Even if the document was in hand, the respondent was not legally or ethically free to use it until permission was granted.
“Once permission was granted on 2 December 2024, the respondent immediately filed the affidavit in court. This promptness reflects that there was no unnecessary delay once the document became usable.
“In fact, the respondent can be said to have gone beyond his legal duty in assisting this court,” he said.
Justice Hasnah concluded the hearing by informing parties that the decision would be delivered at a later date.
“We’ll let you know of the date and our decision. Thank you for all the submission and all the authorities submitted. Court is adjourned,” she said.
On 6 January, in a 2-1 decision, the Court of Appeal had ruled to return Najib’s claim about the alleged document — which purportedly permits him to serve the remainder of his six-year sentence under house arrest — to the High Court to be heard on its merits. This overturned an earlier High Court ruling that had dismissed Najib’s application for leave to pursue a judicial review.
On 28 April, the Federal Court granted the AG leave to appeal the Court of Appeal’s decision.
Najib is currently serving a six-year sentence related to the SRC International Sdn Bhd case after the Federal Court upheld his conviction and dismissed his review application.
In February 2023, the Pardons Board reduced his original 12-year sentence and RM210 million fine to six years and RM50 million.