Najib files an appeal when High Court rejected the existence of house arrest order for six years

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KUALA LUMPUR: Datuk Seri Najib Tun Razak has failed to get the permission from the High Court to challenge the existence of addendum order that was said to have been given by the 16th Yang di-Pertuan Agong for the former prime minister to serve the remaining six years of his sentence under house arrest.

Judge Datuk Amarjeet Singh rejected Najib’s application for a judicial review of the addendum order after detecting all the affidavits filed to support the application including the affidavit filed by UMNO President, Datuk Seri Dr. Ahmad Zahid Hamidi and Vice President Datuk Seri Wan Rosdy Wan Ismail, as hearsay.

“In Ahmad Zahid’s affidavit, the judge said, he was told by Tengku Datuk Seri Zafrul Tengku Abdul Aziz (Minister of Investment, Trade and Industry) about the addendum and Seri Paduka had shown to him the order and Tengku Zafrul had also taken a photo of the royal order.

“Ahmad Zahid said he has seen the picture of the addendum in Tengku Zafrul’s phone that was said to have the signature of Yang di-Pertuan Agong . Zahid’s statement was merely a hearsay with the source of information and such understanding fromTengku Zafrul. Ahmad Zahid himself did not know about the addendum order except from what he heard from Tengku Zafrul,” said the judge in his judgement as reported by Bernama.

Amarjeet also mentioned that Wan Rosdy’s affidavit also said his source of information about the addendum order is Tengku Zafrul and hence the statement made by Wan Rosdy is also hearsay.

“I found that both the affidavits are merely hearsay. Besides that, applicant (Najib) had confirmed that his counsel had written a letter to the respondent about the matter but did not get any reply.

“Najib relies on his source that is Tengku Zafrul but the source did not verify the affidavit. Tengku Zafrul had tried to file the affidavit but the court had denied it as the law does not permit it to be done at that level,” he said.

Senior Federal Counsel, Shamsul Bolhassan and Ahmad Hanir Hambaly represented the respondent while Najib’s Counsel, Tan Sri Muhammad Shafee Abdullah said they will file an appeal on today’s court decision.

Meanwhile Shafee told the media at the Kuala Lumpur court complex here that Najib had instructed him to file an appeal on the High Court ruling.

In April, Najib filed a judicial review to establish the existence of addendum order dated January 29, issued by the former Yang di-Pertuan Agong which he claims the government has kept silent about.

He named the Home Minister, Prison Department commissioner general, attorney general (AG) Federal Territories Pardons Board, minister in the prime minister’s department (law and institutional reform) Legal Affairs Division director-general and the government as respondents.

On January 29, the Federal Territories Pardon Board, which the then King presided over, halved Najib’s 12 year jail sentence for abuse of power and criminal breach of trust in the SRC International case and reduced his RM210 million fine to RM50 million.

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