Najib cites Anwar's speech in house arrest affidavit

Najib cites Anwar's speech in house arrest affidavit

Published: Jun 5, 2024 4:18 PM


Najib Abdul Razak has cited Prime Minister Anwar Ibrahim’s speech at a recent PKR special convention to strengthen his legal challenge to implement an alleged royal addendum allowing him to serve his remaining jail sentence under house arrest.

In an affidavit filed at the Kuala Lumpur High Court on May 25, the former premier alleged that the PKR president’s speech at the party convention on April 21 confirmed the existence of the purported supplementary royal decree.

On that date, Anwar reportedly said that the federal government will not question the authority of the former Yang di-Pertuan Agong to decide on the issue and that the king has the final say as the Pardons Board chairperson.

In the affidavit, Najib cited a transcript of Anwar’s speech captured in a copy of a DVD of the video of the event.

“The message in the video, assisted with the transcript and English translation, taken in a wholesome context, clearly indicates that the honourable prime minister’s speech addressed the subject matter of the addendum order.”

The speech took place nearly three months after the main royal order, which halved Najib’s 12-year jail sentence, was announced on Feb 2 by the secretariat of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, under the supervision and control of the fourth, fifth and sixth respondents.

The fourth, fifth and sixth respondents targeted by Najib’s house arrest judicial review are the Pardons Board; the minister in the Prime Minister’s Department in charge of law and institutional reform; and the director-general of the Legal Affairs Division in the Prime Minister’s Department.

“The date this speech was delivered bears nexus to the filing of this application, ie April 1, and the immediate and robust discussion of the media and the members of the public surrounding the addendum.

“It is evident that the honourable prime minister was not referring to the main order in his speech at all. He was attempting to question the validity of the addendum order but avoided mentioning the addendum order by name.

“It is clear from the speech that the learned attorney-general erroneously advised the honourable prime minister that such an order could not have been valid unless specifically discussed and advised during the Pardons Board proceedings with the 16th Yang di-Pertuan Agong,” Najib said in the affidavit filed by law firm Shafee & Co.

Prime Minister Anwar Ibrahim

Earlier today, the Kuala Lumpur High Court allowed Najib’s bid to insert his affidavit and that of Pahang Menteri Besar Wan Rosdy Wan Ismail, which the government’s representatives from the Attorney-General’s Chambers (AGC) objected to due to late filing.

The civil court has also deferred its decision initially scheduled for today to July 3 on whether to grant leave for Najib to proceed with his judicial review over the alleged royal addendum.

If the civil court grants leave on July 3, it will set a later date to hear the parties’ oral submissions on the merits of the legal action.


Najib’s legal action

Najib’s legal action seeks the implementation of an alleged supplementary order by the previous Yang di-Pertuan Agong linked to the partial pardon that halved his jail sentence to six years and discounted his fine from RM210 million to RM50 million.

On April 1, while serving jail time at the Kajang prison over the RM42 million SRC International corruption case, Najib filed the judicial review leave application.

According to Najib’s affidavit in support of his judicial review, the former Pekan MP claimed that the king’s main royal order allowing the partial pardon was accompanied by a supplementary royal order containing the house arrest provision.

The former Umno president is seeking a court order to compel the home minister, the attorney-general, the Pardons Board, the federal government, and several other respondents to confirm this alleged addendum.

According to a copy of the judicial review bid, Najib claimed that the Agong issued the addendum on Jan 29, the same day as the main partial pardon order.

Najib also seeks a court order to compel the respondents to “forthwith remove the applicant from Kajang prison facility to his known residences in Kuala Lumpur, where the applicant would continue to serve his imprisonment sentence under house arrest”.

He also seeks a mandamus order to compel the respondents to provide the original version of the royal addendum, costs, and any other relief deemed fit by the court.

Najib claimed in his affidavit to support the judicial review that his rights had been adversely affected and infringed upon by the respondents in ignoring his inquiries over the alleged royal addendum.

He claimed that the respondents’ disregard of his request constituted a direct intrusion of his basic rights under the Federal Constitution and also amounted to direct contempt of the Agong.

Najib further alleged that the respondents are trying to conceal the existence of the alleged royal addendum.