Ag S Leave Application Over Najib S Addendum To Be Heard On March 24

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The Court of Appeal had granted former prime minister Najib Razak leave to begin judicial review proceedings to compel the government to execute a supplementary decree issued by the former king. (Bernama pic)
PETALING JAYA: The Federal Court has fixed March 24 to hear the attorney-general’s leave application to appeal against a lower court ruling that Najib Razak can commence judicial review proceedings in his bid to serve the remainder of his jail term under house arrest.
Deputy registrar Wan Fatimah Zaharah Wan Yussof also ordered parties to file their affidavits and written submissions by March 10.
Senior federal counsel Ahmad Hanir Hambaly confirmed the matter when contacted by FMT.
Early this month, the attorney-general, as the custodian of public interest, had also filed a certificate of urgency to have the application heard expeditiously.
He had filed six legal questions to persuade the apex court to hear the merit of the appeal and set aside the Jan 6 Court of Appeal majority verdict.
Under Section 96 of the Courts of Judicature Act 1964, leave is granted only if there are novel constitutional or legal questions of public importance raised for the first time.
In a statement, the Attorney-General’s Chambers (AGC) said the application was made in view of the difference in interpretation of law by the three-member Court of Appeal panel, which resulted in a split decision.
“This made it necessary (for an appeal to be filed) in order to obtain certainty and a clear decision from the Federal Court,” it said.
The Court of Appeal granted Najib leave to begin judicial review proceedings to compel the government to execute a supplementary decree issued by the former king.
Justices Firuz Jaffril and Azhahari Kamal Ramli held that the High Court’s finding that Najib’s affidavits were based on hearsay evidence could no longer stand following new evidence adduced by the former Pekan MP.
They said that Najib had obtained a copy of the addendum from the Pahang ruler, who was the 16th Yang di-Pertuan Agong, after the High Court hearing in July.
Justice Azizah Nawawi, who chaired the Court of Appeal bench, dissented, saying the High Court was correct in ruling that a mandamus order could not be granted against the pardons board.
Azizah said there was no legal provision that could make the board confirm or disclose the existence of a pardon order, including the addendum order. - FMT

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