June 5 decision on Najib’s leave application on addendum order

KUALA LUMPUR: The High Court here Wednesday set June 5 to decide on a leave application by Datuk Seri Najib Tun Razak to challenge the existence of an addendum order, purportedly issued with the consent of the 16th Yang di-Pertuan Agong, allowing the former prime minister to serve the remaining six years of his prison sentence under house arrest.

Lawyer Tan Sri Muhammad Shafee Abdullah, representing Najib, said Judge Datuk Amarjeet Singh also ordered the applicant to file additional written submissions if any, before the date.

“There was an order from the judge to not allow members of the public, including journalists, to follow the proceedings because they were conducted in chambers,” he told reporters when met after the proceeding.

When asked about the cause paper, which is an affidavit by a witness supporting Najib’s application, Muhammad Shafee said it is not supposed to be accessible to the public.

“The court has sealed it. If you want to print it, you take the risk because the court gave the order that it is sealed. If you got it in a leaking format, you are not authorised to leak it.

“It is an in-camera kind of situation because it (the proceeding) is actually in chambers ... the order has been made, don’t take the risk.

My advice is you can cleverly report,” said Muhammad Shafee.

Najib, 70, filed the leave application for judicial review at the High Court here last April 1 through the legal firm of Messrs. Shafee & Co.

He named the Home Minister, Commissioner-General of Prisons, Attorney-General, the Pardons Board for the Federal Territory of Kuala Lumpur, Labuan and Putrajaya; Minister in the Prime Minister’s Department (JPM) (Law and Institutional Reform), DirectorGeneral of Legal Affairs Division at JPM and the Malaysian Government as the first to the seventh respondent.

The former Pekan Member of Parliament is seeking a mandamus order to compel either all or one of the respondents to respond and confirm the existence of the additional decree dated Jan 29, 2024.

He is also seeking a mandamus order that if the additional decree exists, all or one of the respondents must enforce it immediately by transferring him from Kajang Prison to his residence in Kuala Lumpur for him to serve the remainder of his prison sentence under house arrest.

Najib has been serving his sentence in Kajang Prison since Aug 23, 2022, after being convicted of embezzling RM42 million in funds belonging to SRC International Sdn Bhd.

On Sept 2, 2022, he filed a petition for a royal pardon. The Pardon Board reduced Najib’s prison sentence from 12 years to six years, while the fine was reduced from RM210 million to RM50 million.

Earlier Wednesday, the media was not allowed to cover the proceeding of a court case involving Najib’s application for leave to initiate a judicial review to challenge the existence of an addendum order.

Muhammad Shafee told Amarjeet that the proceeding of the case should be conducted in chambers as it involves sensitive issues.

“All documents have been filed. Conducting it in chambers means it can be done physically in court but declared in chambers.

“I also have been told and indicated to my learned friend (Senior Federal Counsel - SFC) Shamsul Bolhassan and Ahmad Hanir Hambaly) who are also receptive to the idea given certain materials disclosed in the last affidavit are sensitive,” said the lawyer.

Amarjeet then allowed the proceedings to be conducted in chambers with only lawyers representing Najib and the SFC representing the respondents being allowed to attend.

“All other parties are not allowed to follow these proceedings, including the media,” the judge said.