Shafee Najib S Addendum Must Be Executed After Ag Confirms Existence

---

 


The addendum order for Najib Abdul Razak to serve the rest of his prison sentence at home ought to be executed since the Attorney-General’s Chambers (AGC) had confirmed its existence, said lawyer Shafee Abdullah.
Shafee, who is representing the former premier, said the Yang di-Pertuan Agong’s decree should not be questioned.
“We have around nine cases in the Federal Court that say as long as there is a decree by the Yang di-Pertuan Agong, it cannot be questioned, whether it is a perfect document or the decision towards it is perfect or not, it's irrelevant.
“(The addendum) ought to be executed but perhaps the AG wants to test the water, to argue, perhaps, on the addendum’s validity.
ADS“It will be a very complicated process because they’d have to disclose who said what (including) the Pardons Board’s advice to the Yang di-Pertuan Agong… which is why we think the decree should never be challenged, for good reasons,” he told reporters after today’s Federal Court proceedings.
Earlier, the Federal Court dismissed the AG's appeal against the Court of Appeal's ruling on Jan 6 that sent Najib's house arrest bid back to the High Court, while permitting him to adduce his son, Nizar's affidavit and the Pahang sultan's letter on the royal addendum as fresh evidence.
The panel, chaired by Chief Judge of Malaya Hasnah Hashim, said the addendum’s validity has to be determined at a substantive hearing, noting the AG’s concessions of the addendum’s existence hold great impact on Najib’s application.
Former prime minister Najib Abdul RazakThe judges also directed the High Court to set its first case management on the matter next Monday (Aug 18), and for the hearing to be scheduled one month after the date.
Discoveries, interrogations
Shafee said apart from affidavit exchanges at the High Court, there were also provisions under Order 53 of the Rules of the High Court that would allow Najib to apply for document discoveries, interrogatories, as well as to subpoena witnesses to testify whether physically or via affidavits.
“(Through) discoveries, we can request for immediate show of where the addendum is and what happened to it, given that it has been delayed for a year and a half.
“We may also request interrogatories, where we can interrogate the other side to tell us what truly happened.
“These are very critical areas, we have to go very tight in adducing the facts during the case trial.”
House arrest
Najib’s application, filed in April last year, seeks a mandamus order to compel the government and six others to confirm the addendum’s existence to allow him to serve the remainder of his prison sentence on house arrest.
He named the AG, Home Ministry, commissioner-general of the Prison Department, Federal Territories Pardons Board, Prime Minister’s Department (Law and Institutional Reform), and its Legal Affairs division director-general as respondents in his application.
ADSThe High Court denied Najib’s leave application on July 3 last year. However, the Court of Appeal overturned the decision on Jan 6, leading to the AG’s appeal.
On Aug 23, 2022, a five-person Federal Court bench unanimously dismissed Najib’s appeal to quash his conviction over corruption charges related to RM42 million of SRC International funds.
He was sentenced to 12 years’ jail and fined RM120 million, until the Pardons Board reduced his sentence to six years and lowered his fine to RM50 million on Feb 2 last year.
The former Pekan MP is serving his jail sentence at Kajang Prison. - Mkini

---