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PUTRAJAYA: The Court of Appeal has granted Datuk Seri Najib Razak's application to attend his appeal hearing concerning an alleged addendum scheduled for Thursday (Dec 5) afternoon.
Najib, 71, has been serving a six-year prison sentence since Aug 23, 2022 after being convicted of misappropriating RM42mil in funds belonging to SRC International Sdn Bhd.
On Wednesday (Dec 4), a three-judge panel comprising Justices Datuk Seri Mariana Yahya, Datuk Hashim Hamzah and Datuk Ahmad Fairuz Zainol Abidin allowed the former prime minister's ex-parte application for an issuance of an order to produce him from prison to attend the hearing.
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When making the request, his lawyer Tan Sri Muhammad Shafee Abdullah said the appeal involves a matter relating to his client’s prison sentence.
He told the court that he had discussed the matter with senior federal counsel Ahmad Hanir Hambaly @ Arwi, who did not object.
Shafee, assisted by lawyer Wan Mohammad Arfan Wan Othman, also informed the court that trial judge Justice Datuk Collin Lawrence Sequerah and the prosecution in Najib’s 1Malaysia Development Berhad (1MDB) trial at the Kuala Lumpur High Court had no objections to the former Pekan MP attending the appeal hearing.
Najib is currently testifying in the ongoing 1MDB trial which is expected to continue until next week.
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Thursday’s appeal pertains to Najib’s challenge against a High Court decision dismissing his application for leave to commence a judicial review regarding an alleged addendum.
The addendum, purportedly issued by the 16th Yang di-Pertuan Agong, would allow Najib to serve the remainder of his prison sentence under house arrest.
On July 3, the Kuala Lumpur High Court dismissed Najib's application, ruling that the four affidavits supporting his claim, including statements from Umno president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsay and inadmissible as evidence.
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In his application filed in April, Najib sought a mandamus order to compel the respondents to respond and confirm the existence of the additional decree dated Jan 29.
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 (Law and Institutional Reform); Legal Affairs Division director-general; and the government were named as respondents in the application.
Najib also requested that, if the additional decree existed, the respondents must enforce it and transfer him immediately from Kajang Prison to his residence in Kuala Lumpur to serve the rest of his sentence under house arrest.
The High Court had sentenced Najib to 12 years in prison with a fine of RM210mil in the SRC International case.
However the sentence was reduced to six years and the fine reduced to RM50mil after he filed a petition for a royal pardon on Sept 2, 2022. – Bernama
