THE Federal Court in Putrajaya has dismissed an appeal by the prosecution in Najib Razak’s judicial review application concerning a royal addendum that may allow him to serve his prison sentence under house arrest.
A three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim unanimously made the dismissal here on Wednesday (Aug 13).
Other judges on the bench were Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah.
Justice Zabariah, who read the decision, said the court took note that there was a concession by the Attorney General that the addendum exists and this held a “great impact” on the questions posed before the court.
She also emphasised that it was not in the Federal Court’s decision that the addendum order was part of Najib’s pardons order.
Justice Zabariah said the existence of the addendum order did not translate into automatic admissibility of the evidence as Najib still has to satisfy the rule and criteria pertaining to the admission of a new evidence.
The addendum’s existence also did not automatically render the document as valid, she added.
“But as of now, the addendum order exists, and its status vis a vis its validity or whether it is true, needs to be ascertained at the substantive hearing which we do not consider it right, or fair for us to express any view on this point.
“It is a matter for further investigation on a full inter-parte’s basis, with all such evidence as is necessary on the facts and all such arguments as is necessary on the law,” she said.
“Consequently, we remit the case to the High Court for the hearing of the substantive judicial review proceedings before a new judge. We make no order as to costs,” Justice Zabariah said.
The Federal Court also fixed Aug 18 for case management at the High Court.
Najib was represented by lawyer Muhammad Shafee Abdullah. Attorney General Dusuki Mohd Mokhtar and Senior Federal Counsels Shamsul Bolhassan, Ahmad Hanir Hambaly appeared for the AGC.
The Attorney General’s Chambers was appealing to set aside a 2-1 majority ruling by the Court of Appeal on Jan 6, which remitted Najib’s case back to the High Court to be heard on its merits.
This decision overturned the High Court’s earlier ruling, which had dismissed Najib’s application for leave to commence a judicial review regarding the alleged additional document.
On April 28, the Federal Court granted leave to the Attorney General to appeal against the Court of Appeal’s decision.
Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court’s dismissal of his appeal and review application.
In February of the previous year, the Pardons Board reduced his initial 12-year jail sentence and RM210mil fine to six years and a RM50mil fine.
