AG cites forums involving Najib's lawyer to justify gag order on addendum

Summary

• The attorney-general cites several public forums allegedly involving Najib Abdul Razak’s lawyer to justify a court gag order on the royal addendum case.

• A Spotify playlist by Fahmi Reza lampooning the addendum is also cited.

• The government's top lawyer is responding to the ex-PM’s objection against the gag order application pending before the Kuala Lumpur High Court.

The attorney-general’s office has cited public forums involving Najib Abdul Razak's lawyer to justify the government's bid for a gag order over the ex-premier's royal addendum court action.

The government's top lawyer referred to several alleged town halls and forums involving Najib’s counsel, as well as public statements and news reports, to show alleged potential prejudice to the ongoing judicial review.

Although not named, exhibits attached in the affidavit sighted by Malaysiakini included posters for two townhalls and a podcast featuring lawyer Shafee Abdullah.

It also includes graphic artist Fahmi Reza’s music playlist lampooning the addendum.

The examples cited in the affidavit are:

1. Townhall Rakyat Mencari Kebenaran - Badan Kehakiman & Keadilan Rakyat (1MDB, SRC, IPIC, DNAA, DAA, Hearsay, Addendum, Tahanan Politik, Konflik Kepentingan, Tahanan Rumah, Hak Rakyat)

2. Townhall Rakyat Mencari Kebenaran - Pengampunan Diraja: Skop dan Halangan

3. Titah Adendum Disorok? Siapa yang Bertanggungjawab

4. Gag Order on Addendum Will Worsen Public Trust Towards Govt, Says Puad

5. Wacana Awam - Menolak Lupa: Najib Razak, 1MDB & Tahanan Rumah

6. Let's Talk About What The Royal Addendum Means

7. Royal Addendum Gag Order - Addendum: Despite Gag Order Threat, The People Will Continue To Speak Up
   
   

8. Gag order on Najib's review application against the constitutional right of freedom of speech

9. Trick Lama: Shafee Abdullah breaks down the royal addendum on Najib Razak's house arrest

10. Spotify Playlist: This is Royal Addendum

Solicitor-General Suzana Atan, in affirming the affidavit on behalf of the attorney-general, said this proves the need for a gag order.

"Something that cannot be denied is that there are media reports, public statements, forums attended by all sorts of members of society including the applicant's (Najib) own lawyer, to discuss the subject matter of the judicial review.

"This matter proves that a gag order is needed to ensure the hearing of the judicial review can be conducted without any prejudice.

"The applicant's claim that there is no threat or immediate risk due to no legal action is inaccurate,” she said.

"I emphasise that negative, confusing innuendo, and defamatory discussions done openly by the public can jeopardise public trust and incite prejudice against the royal institution," she added.

The affidavit was responding to Najib's affidavit in objecting the gag order bid, in which the ex-premier contended there was no immediate risk to fair trial or national security if the media reported on the case for public dissemination and matured discussion.

Najib contended that the publicity or critical and informed discussion of a case cannot automatically amount to serious prejudice to a legal proceeding, noting that the Attorney-General’s Chambers can always initiate criminal or civil proceedings against anyone making seditious or libellous statements against the royal institution.

Application filed

On Jan 20, the government gag order application was filed on grounds of curtailing public statements that could question the integrity and power of the Pardons Board and the Yang di-Pertuan Agong.

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

If the civil court allows the gag order, it would prevent not just the media from reporting the case but also restrain any member of the judiciary and lawyers directly dealing in the civil action from sharing with the public copies of confidential documents linked to the case.

On Jan 29 last year, the Pardons Board issued royal advice for Najib’s 12-year jail sentence to be halved and his RM210 million fine reduced to RM50 million.

The sentence is in relation to the RM42 million SRC International abuse of power, criminal breach of trust and money laundering case.

Najib granted leave

However, the former finance minister claimed there was also a supplementary royal decree allowing him to serve the remainder of his six-year jail sentence under house arrest.

The judicial review seeks to implement the alleged royal addendum.

Last July, the High Court denied leave for Najib to commence the judicial review on reasons that the supporting affidavits by Deputy Prime Minister Ahmad Zahid Hamidi and Pahang Menteri Besar Wan Rosdy Wan Ismail were hearsay.

However, the Court of Appeal reversed this ruling in January and granted leave to Najib’s civil action. The judges ordered the matter be reverted to the Kuala Lumpur High Court to hear the merits of the judicial review.

The appellate court also allowed Najib to rely on his son Nizar’s affidavit, whereby Nizar claimed the Pahang palace confirmed the addendum existed.

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