KUALA LUMPUR – There is no court order yet against the publication of an affidavit supporting Datuk Seri Najib Razak’s claim on the existence of an addendum order allowing him to serve his remaining prison sentence under house arrest.
This is according to a source close to the matter, who revealed the lack of an apparent gag order from the court when asked about the former prime minister’s counsel Tan Sri Muhammad Shafee Abdullah’s claim that the document has been sealed by the court.
Speaking to Scoop, a source said Shafee had merely submitted an oral application for the court to seal the documents earlier today.
It is understood that judge Datuk Amarjeet Singh did not make a ruling on Shafee’s application during the proceedings in chambers. The court is to hear the matter on June 5, with proceedings also to be held in chambers.
“The judge made an order (for the public) to vacate the courtroom (for proceedings to be held in chambers), but he didn’t mention anything about the document.
“I can’t say there is an order (to seal the affidavit), but to my knowledge, there is none,” the source said.
The source also pointed out that the document had been made available online via the court’s e-filing system prior to Shafee’s oral application.
Previously, Shafee told the media at the court complex here that the affidavit is not publicly accessible and cautioned the media against reporting on its alleged content.
Shafee said the affidavit was of a “sensitive” nature and had asked for today’s proceedings to be held in chambers.
Claiming to reporters later that the affidavit was not publicly available and had been sealed, “If you (the media) got the document through a leak, then you take the risk. (If) you want to get in trouble, you go,” the lawyer told the press outside the courtroom.
In the affidavit, Deputy Prime Minister Ahmad Zahid Hamidi, who was named as a critical witness, confirmed the existence of the addendum order dated January 29, 2024, issued by the 16th Yang di-Pertuan Agong, which was shown to him (Zahid) by International Trade and Investment Minister Datuk Seri Tengku Zafrul Tengku Abdul Aziz.
Najib, 70, filed the judicial review application on April 1, alleging that there is an addendum order issued by the 16th Yang di-Pertuan Agong dated January 29 allowing Najib to serve his remaining jail term under house arrest.
In the application, he named the home minister, the commissioner-general of the Prisons Department, the attorney-general, the Federal Territories Pardons’ Board, the government, the minister in the Prime Minister’s Department (Law and Institutional Reform), as well as the director-general of the legal affairs division in the Prime Minister’s Department, as the defendants.
Najib, who is currently serving his sentence for corruption in the SRC International case, requested the respondents confirm the addendum order exists – if so, to execute the order, provide original copies of it, and discuss any necessary reliefs the court deems fit.
The former prime minister’s prison sentence was halved by the Federal Territory Pardons Board at its meeting on January 29 from 12 years to six, and his fine was lowered from RM210 million to RM50 million. – April 17, 2024