KUALA LUMPUR: An addendum order for a house arrest was indeed part of Datuk Seri Najib Razak’s partial pardon, Datuk Seri Dr Ahmad Zahid Hamidi says.
The Deputy Prime Minister has backed up the former prime minister’s application for leave to initiate judicial review in relation to the addendum order, which Najib claimed came from the former Yang di-Pertuan Agong.
In a supporting affidavit, signed and affirmed on April 9, Ahmad Zahid “confirmed the existence” of the addendum order, which he said was “genuine”.
He said he was shown the document by former Selangor Umno treasurer Tengku Datuk Seri Zafrul Abdul Aziz at his (Ahmad Zahid’s) house at Country Heights on Jan 30.
Ahmad Zahid said Tengku Zafrul showed him a copy of the addendum order on his (Tengku Zafrul’s) phone which he personally photographed or scanned from an original copy as shown to him by the former King.
Najib had claimed that the addendum order, which was part of the partial pardon granted to him on Jan 29, would allow him to serve the remainder of his prison term under house arrest.
His lead counsel, Tan Sri Muhammad Shafee Abdullah, recently told the court that a crucial witness would sign an affidavit in support of Najib’s application.
It s believed that Ahmad Zahid was the crucial witness.
“The contents of the addendum order expressly stated that the applicant (Najib) be allowed to serve the reduced sentence of his imprisonment under condition of house arrest, instead of the current confinement in Kajang Prison,” Ahmad Zahid said in his affidavit.
He said the addendum order was dated Jan 29 and had the seal and signature of His Majesty Seri Paduka Baginda Yang di-Pertuan Agong XVI.
“I further confirm that the addendum order is genuine and in fact is the Royal Prerogative Order as the Main Order. I verily believe that for the sufficient period of time I sighted and read the addendum order, and I clearly saw the entire contents and that it forms part of the pardon process.
“Thus, I hereby confirm the existence of the addendum order dated Jan 29 issued by the former King,” Ahmad Zahid stated.
Ahmad Zahid said he did not have a copy of the document due to confidentiality and propriety, especially since the addendum order had not been executed or enforced.
He said he believed other government members had also seen the addendum order.
“Specifically, I am aware that (Pahang Mentri Besar) Datuk Seri Wan Rosdy Wan Ismail has also seen a copy of the addendum order.
“I am further informed that the Attorney General (AG) has the original copy of the addendum order,” Ahmad Zahid said.
Earlier, High Court judge Justice Amarjeet Singh, presiding over the matter, allowed a request from Muhammad Shafee to bar the press from covering the hearing of Najib’s application.
Muhammad Shafee said the matter should be moved in-chambers due to its sensitive nature.
Senior Federal Counsel Shamsul Bolhassan and Ahmad Hanir Hambaly did not object.
Justice Amarjeet fixed June 5 to deliver his decision in the leave application.
Najib filed the application for leave for judicial review through law firm Messrs Shafee & Co on April 1.
He named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister at the Prime Minister’s Department (Law and Institutional Reform), director-general of the legal affairs at the Prime Minister’s Department and the government as the first to seventh respondents.
In the notice of application, which was downloaded through the court’s e-filing system, Najib sought a mandamus order that all of the respondents or one of them to answer and verify the existence of the addendum order dated Jan 29.
Najib is seeking a mandamus order for all or one of the respondents to execute the royal order, if it exists, and immediately move him from Kajang Prison to his residence in Kuala Lumpur to serve his remaining six years of sentence.
Under the pardon terms, his 12-year jail term was cut by half to six years and his RM210mil fine was reduced to RM50mil.
If he does not pay the fine, he would have to serve an additional year of jail time.
Najib was convicted in 2022 of misappropriating RM42mil in SRC International funds.
SRC is a former subsidiary of 1Malaysia Development Bhd.
