Najib files contempt proceedings against ex-AG over royal addendum

Summary

• Former Prime Minister Najib Abdul Razak wants to cite former attorney-general Ahmad Terrirudin Salleh for contempt of court.

• This revolves around Terrirudin’s refusal to acknowledge in court the existence of a royal addendum ordering Najib to serve the remainder of his jail term under house arrest.

• Najib claims the ex-AG has brought the administration of justice into disrepute.

Former prime minister Najib Abdul Razak has filed an application with the court to cite former attorney-general Ahmad Terrirudin Salleh for contempt.

This was in connection with Terrirudin’s (above) action in 2024 as the then-attorney-general, where he declined to reveal the existence of a royal addendum ordering Najib to serve the remainder of his six-year jail term under house arrest.

In a statement, Najib’s defence counsel Shafee Abdullah said they filed the application on Wednesday after being instructed by the former premier.

Based on a copy of the addendum dated Jan 29, 2024, and later an official letter from the Pahang ruler’s office in January this year, Shafee said the then attorney-general had direct knowledge of the order by Sultan Abdullah Sultan Ahmad Shah.

However, despite this knowledge, Terrirudin had allegedly instructed his officers to mislead the Kuala Lumpur High Court into hearing a judicial review by claiming that the addendum order’s existence was a mere speculation and “based on words of mouth”.

“It is our client’s (Najib) view that as a public officer, the former attorney-general owed the court a paramount duty of candour.

“Malaysian and international jurisprudence, including decisions of our own Federal Court recently, makes plain that the government must place all relevant facts (and documents) before the court in any judicial review matter.

“A deliberate failure to do so undermines public confidence in the administration of justice, and indeed an obstruction of justice itself.

“Our client believes that by electing to mislead the High Court, the former attorney-general has brought the administration of justice into disrepute, warranting serious sanction by the courts,” Shafee said.

In an immediate reaction, the Attorney-General’s Chambers (AGC) called the contempt proceedings bid “an abuse of process”.

The AGC also said Terrirudin carried out his duties according to the Federal Constitution, adding that it will not hesitate to seek from the court a striking out of the contempt bid.

Jail time, fine reduced

The issue revolves around a supplementary royal decree issued on Jan 29 last year that permitted the incarcerated Najib to serve the remainder of his jail sentence under house arrest.

Terrirudin was the attorney-general when the Pardons Board met and gave Najib a discount on his jail time and fine.

Dusuki Mokhtar succeeded him in November last year, and Terrirudin had since been appointed as a Federal Court judge.

The addendum was attached to the main royal decree to reduce the former premier’s 12-year jail sentence and RM210 million fine to six years and RM50 million.

Najib has been serving time at Kajang Prison since Aug 23, 2022, after his conviction in an abuse of power, criminal breach of trust, and money laundering case involving RM42 million from SRC International, a former subsidiary of troubled sovereign wealth fund 1MDB.

Najib is relying on the existence of the royal addendum to back his civil court bid to compel the Home Ministry and the Prison Department to execute the house arrest.

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