PETALING JAYA: While Datuk Seri Najib Razak may have been successful in obtaining leave in the Court of Appeal to proceed with a judicial review in relation to a royal addendum, lawyers say the process has just begun.
It might take some time before the former prime minister could be granted house arrest, they said, adding that the process could take a couple more months as the Kuala Lumpur High Court would hear the judicial review.
ALSO READ: Court: Issue of hearsay no longer stands
Lawyer Datuk Geethan Ram Vincent said Najib now has a reasonable case to argue in the High Court.
“What the court (Court of Appeal) determined yesterday was basically to allow Najib’s appeal for leave to proceed with his judicial review application at the High Court for the addendum order be enforced as part of his pardon,” he said when contacted.
“This is because the court ruled that having now produced the royal addendum, Najib has a reasonable case to argue at the High Court.
“The Court of Appeal also allowed additional evidence in the form of Nizar Najib’s (Datuk Mohamad Nizar) affidavit that is the addendum itself and a letter from the Royal House of Pahang to be admitted as part of the evidence at the High Court.
ALSO READ: No order on house arrest received
“Since the appeal for leave is now granted, the case will be sent back to the High Court to be heard on merits on whether Najib is entitled to serve the remainder of his sentence under house arrest,” said Geethan.
Lawyer Datuk Dr Baljit Singh Sidhu said the hearing at the High Court could take up to six months.
“What the Court of Appeal decided was only on leave, not merit of the matter,” he said.
ALSO READ: Why hide addendum, asks Nazifuddin
Baljit noted that Najib’s 1Malaysia Development Bhd (1MDB) graft trial, which is ongoing, might also have bearing on the application for a house arrest.
“Yes, that will be an issue because it is still pending in court. Pardon (will) also be on a case-by-case basis,” he said.
According to lawyer Rajesh Nagarajan, the judicial review hearing and decision at the High Court could take three to six months.
“This (SRC International) is an entirely different case and will be judged separately.
“If Najib is convicted again, then this whole house arrest issue will become redundant and he will have to make a brand new application to be pardoned from the 1MDB conviction,” he said in view of the 1MDB case.
On Umno’s request for a full pardon, Rajesh said the more important matter now was to determine whether the Pardons Board had acted against the former Yang di-Pertuan Agong’s decree.
“Since the matter is pending in court, the Pardons Board should not deliberate on Najib’s application, if any.
“I think right now, what is important is to determine whether the Pardons Board has acted contrary to the previous King’s wishes by failing to include the house arrest directive when deciding and announcing Najib’s partial pardon,” he said.
In February last year, the Pardons Board reduced Najib’s sentence for misappropriating funds amounting to RM42mil in the SRC International case by half to six years.
