AGC trying to cover up own mistakes with gag order bid - lawyer

Summary

• A lawyer opines that the AGC is trying to cover up its own mistakes by seeking a gag order over Najib Abdul Razak’s royal addendum.

• Haniff Khatri Abdulla says there is no legal or judicial reason for a gag order.

Lawyer Haniff Khatri Abdulla opined that the Attorney-General’s Chambers (AGC) was trying to cover up its own mistakes by seeking a gag order over Najib Abdul Razak’s royal addendum judicial review.

In a forum discussion today over the issue, he said that the gag order would not help court proceedings as they had nothing to do with the royal addendum’s physical existence.

“In short, I don’t see a legal or judicial reason to gag as from the legal perspective, if we want to gag... it is usually to ensure that the trial is not disrupted.

“How can the trial be disrupted through a gag order when the issue of disclosure or non-disclosure is not even an issue in our eyes?

“So that is why I believe the AGC slickly made an application for a gag order to cover up their mistakes,” he said.

Application

Last month, the government filed a gag order over Najib’s royal addendum judicial review.

According to a copy of the application that Malaysiakini sighted, the government sought the gag order to restrain any party, including the media, from publishing, broadcasting, or disseminating anything related to the ongoing judicial review.

The applicant sought the gag order over the dissemination that could cause public discussion and speculation that trigger doubt, question, challenge or insult the prerogative of the Yang di-Pertuan Agong.

The applicant also sought the order over dissemination that could raise speculation and statements that could jeopardise the credibility and integrity of the decisions, functions and powers of the Pardons Board chaired by the Agong.

Questions have arisen over the addendum, which supplements the royal pardon discounting Najib’s jail sentence and fine, and its existence as well as whether the government had deliberately hidden it.

The addendum purportedly allows Najib to serve the rest of his sentence at home.

Violation of free speech

Umno man Hasnal Rezua Merican said that the gag order was a violation of the inherent right to freedom of speech.

It would also prevent transparency of the legal process as it would prevent media coverage of the issue, he said.

Besides that, the affidavit for the gag order stated the applicant’s intention to protect the Malay rulers, which Hasnal said was unnecessary.

This is because criticism is directed towards former attorney-general Ahmad Terrirudin Mohd Salleh, and by extension, the current attorney-general Dusuki Mokhtar and the government, he added.

“So either they are protecting themselves under the guise that they are protecting the Malay kings or it is as Haniff said, I agree,” Hasnal said.

Addendum: PM accuses opposition of disrespect

Najib to file contempt proceedings against ex-AG

Royal addendum: Najib objects to gag order bid

AGC files appeal against Najib's addendum judicial review

Dewan Rakyat speaker bars MPs from touching on royal addendum