Federal court dismisses AG’s appeal, High Court to hear Najib’s house arrest bid.
Datuk Seri Najib Razak’s lawyer, Tan Sri Muhammad Shafee Abdullah, says they may subpoena former attorney-general (A-G) Tan Sri Ahmad Terrirudin Mohd Salleh in connection with the former prime minister’s bid to enforce a royal addendum order.
Shafee explained that, following the Federal Court’s decision to remit the matter to the Kuala Lumpur High Court, the legal team could now use provisions under Order 53 of the Rules of the High Court, including discovery and interrogatories, to obtain answers.
“We can request immediate disclosure on where the addendum is and why it has been delayed for one and a half years. We can also question the other side to explain why it has not surfaced. Subpoenaing witnesses is an option, including Tan Sri Terrirudin himself, to determine whether he received it,” Shafee told reporters at the Palace of Justice today.
The addendum, which purportedly allows Najib to serve the remainder of his prison term at home, has been acknowledged by the Attorney-General’s Chambers (AGC), Shafee said. “Once the Yang di-Pertuan Agong signs the decree, it cannot be questioned. Perhaps the AGC wants to test whether the addendum exists, but that would involve revealing Pardon Board deliberations and advice to the King.”
Shafee confirmed Najib would not, for now, drop contempt proceedings against Terrirudin. The application for leave to initiate contempt proceedings, filed on 21 May, alleges that Terrirudin knew about the addendum but misled the court.
According to Shafee’s firm, the addendum order, dated 29 January 2024, was delivered to Najib via his son, Datuk Mohamad Nizar. The Pahang Royal Council confirmed its authenticity in a letter dated 4 January 2025. The firm alleges Terrirudin instructed officers to portray Najib’s claims as speculative despite knowing they were true.
Earlier, the Federal Court dismissed the AGC’s final appeal to block Najib’s judicial review. Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, leading the three-member bench, noted the AGC’s concession that the addendum exists. However, Justice Datuk Zabariah Mohd Yusof, reading the judgment, said its existence did not automatically make it admissible as evidence.
The court ruled the addendum could be admitted as new evidence under Rule 7 of the Court of Appeal Rules 1994 and granted Najib leave to proceed with his judicial review in the High Court before a new judge.
On 6 January, the Court of Appeal, in a split decision, allowed Najib to pursue a judicial review into the addendum, allegedly signed by the 16th Yang di-Pertuan Agong. Najib claims the order would permit him to serve his reduced six-year sentence under house arrest.
Najib is currently serving his sentence for misappropriating RM42 million from SRC International Sdn Bhd. Initially sentenced to 12 years and fined RM210 million, his punishment was reduced to six years and RM50 million following a royal pardon petition in 2022.