Najib fails to halt AGC's house arrest review bid

The Federal Court today dismissed former prime minister Najib Abdul Razak’s preliminary objection to the Attorney-General’s Chambers’ appeal to seek a judicial review challenging the existence of his house arrest order.

A three-member bench, chaired by Chief Judge of Malaya Hasnah Mohammed Hashim, in a unanimous decision, said the seven questions of law proposed by the AGC are justiciable and can be reviewed by the court.

The other judges on the bench are Federal Court judges Zabariah Yusof and Hanipah Farikullah.

The panel then fixed tomorrow to hear the AGC’s appeal.

On April 28, the Federal Court granted leave to the AGC to appeal over Najib's additional document.

Hasnah said the first three questions raised by the attorney-general related to the adducing of fresh evidence are new legal issues that require further consideration by the court.

Regarding questions four to six, she said the questions related to the role of the attorney-general, especially in relation to the failure to file a rebuttal affidavit during the leave stage of the judicial review application.

Neither academic nor hypothetical

Hasnah said Najib also submitted that questions four to six are an attempt to sidestep the duty of candour imposed on public authorities/the attorney-general during judicial review proceedings.

“We are concerned whether such a duty can be imposed on the attorney-general at the new stage of the judicial review proceedings. Question seven relates to justiciability, which was addressed by the High Court.

“The issue here is whether the subject matter, the addendum, is a subject matter justiciable to be reviewed by this court. This question is relevant to Article 42 of the Federal Constitution. Hence, it is our considered view that all the questions by the AG were neither academic nor hypothetical in nature.

“We therefore unanimously dismiss the preliminary objection by the respondent,” she said.

Najib was represented by counsel Shafee Abdullah, while Attorney-General Dusuki Mokhtar acted for the AGC.

On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib’s claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court to be heard on its merits.

This decision overturned the High Court’s earlier ruling, which had dismissed Najib’s application for leave to commence a judicial review regarding the alleged additional document.

Najib is serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application.

In February last year, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210 million to six years and RM50 million fine.

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