Court bins jailed Najib's bid to attend Parliament

Incarcerated incumbent Pekan MP Najib Abdul Razak has failed in his legal bid to be allowed to attend the now-dissolved Parliament.

The Kuala Lumpur High Court this morning dismissed the former prime minister’s leave application to commence the judicial review.

During a hearing of the matter previously, the Attorney-General's Chambers (AGC) legal team orally submitted that the legal action is academic as the Dewan Rakyat was dissolved on Oct 10.

Najib, who is serving a 12-year jail sentence over a corruption case involving RM42 million of funds from government-owned SRC International, filed the judicial review leave application on Oct 5.

In reading his judgment, judge Ahmad Kamal Md Shahid said it is because the issue of Najib's sought reliefs is no longer a live issue.

Kamal noted that among the reliefs sought is for the applicant to be allowed to attend the Dewan Rakyat sitting initially scheduled from Oct 3 to Nov 29.

The judge emphasised that the subject matter of the judicial review is akin to "water under the bridge" and academic upon the dissolution of Parliament and thus the legal action is frivolous and vexatious.

“With the dissolution of Parliament, it would mean the current Parliament has ended, meaning that the members of the Dewan Rakyat have ceased to be MPs.

“It is clear that with the dissolution of Parliament, the Parliament’s term has ended and the applicant is therefore no longer Pekan MP.

“Therefore, in my view, the declaratory reliefs sought by the applicant, namely to have access to his officers for the purpose of parliamentary, legislative and constituent work and to attend Parliament sessions on the scheduled dates is no longer a live issue.

“The declaratory relief sought has become impossible with the dissolution of Parliament as there is no longer a Parliament to attend.

“The Election Commission has announced that the polling date for the general election is on Nov 19, that would mean there would be another cabinet formed from newly elected MPs,” Kamal said, adding that there is no order as to costs.

The judge also pointed out that “unless and until the pardon is given or the conviction is quashed upon review, there is no possibility that the applicant will again be an MP while simultaneously being a prisoner, as the law prohibits any convicted person to contest for election by virtue of Article 48(5) of the Federal Constitution”.

At this juncture, Najib’s lead counsel Muhammad Shafee Abdullah informed the court that they would be appealing to the Court of Appeal.

‘Adversely affected’

During proceedings of the civil court matter, Najib was seen in the public gallery while surrounded by a small group of Kajang Prison officers. His wife Rosmah Mansor was also seen seated nearby.

Senior federal counsel Shamsul Bolhassan represented the AGC.

Through the legal action, Najib was seeking a court order to have access to his parliamentary officers in order for him to do his work as an MP, and secondly, for him to attend Parliament.

Via an affidavit in support of the legal action, Najib claimed that from Sept 19 onwards, he had been “adversely affected” by the respondents’ refusal to allow him access to his officers/aides for the purposes of parliamentary, legislative and constituent work.

Najib also alleged that he was adversely affected by the respondents who declined him to have “access and attendance in Parliament on the scheduled dates of session/sitting”.

Among the reliefs sought were declarations that he was entitled to attend Parliament on the scheduled session dates and to have reasonable access to his officers/aides for parliamentary, legislative and constituent work.

Najib also sought a mandamus order to compel the respondents to take necessary steps to allow him to partake in the Dewan Rakyat sessions and have reasonable access to his said officers/aides.

Initially a subsidiary of sovereign wealth fund 1MDB, SRC became wholly owned by the Minister of Finance Incorporated (MOF Inc).

Najib also used to be the finance minister and chairperson of 1MDB’s board of advisers as well as adviser emeritus of SRC.

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