PUTRAJAYA — The Federal Court was told today that Datuk Seri Najib Tun Razak failed to exercise reasonable diligence in securing an additional document purportedly authorising him to serve the remainder of his prison sentence under house arrest, during the judicial review leave application at the High Court.
Attorney-General (AG) Tan Sri Mohd Dusuki Mokhtar submitted that the former prime minister had ample opportunity to obtain the alleged document when filing for leave, but failed to do so.
Mohd Dusuki further argued that it was apparent Najib’s son, Datuk Mohamad Nizar, who serves as a member of the Pahang State Executive Council, could have procured the document with reasonable diligence, given his regular attendance at state functions and his access to His Royal Highness the Sultan of Pahang.
“However, the addendum was only obtained after the decision of the High Court. Therefore, the respondent (Najib) failed to exercise reasonable diligence to obtain the alleged addendum from Sultan Pahang to adduce it at the High Court when the respondent had all the opportunity to do so.
“Non-compliance with this condition renders their application to adduce fresh evidence untenable,” he submitted during the AG’s appeal on the existence of the alleged additional document.
The Federal Court panel was chaired by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, sitting with Justices Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
Mohd Dusuki submitted that the minority judgment of the Court of Appeal was correct in concluding that there was a lack of reasonable diligence.
“The respondent was in Kajang Prison and was allowed to use all facilities to contact authorities. He who asserts the existence of an addendum must prove it,” he said, adding that the majority decision of the Court of Appeal erred in finding the alleged addendum to be credible.
He argued that the application for leave to commence judicial review was premised on hearsay, as the supporting evidence failed to meet the minimum threshold of reliability and therefore ought not to be admitted as fresh evidence.
Meanwhile, Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, contended that the Attorney General’s Chambers was already aware of the alleged addendum order, as it had been addressed directly to the former AG.
On April 28, the Federal Court granted leave to the AG to appeal against the Court of Appeal’s decision concerning the alleged additional document linked to Najib.
On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted Najib’s application regarding the purported existence of an additional document allowing him to serve the remainder of his six-year prison sentence under house arrest to the High Court for determination on its merits.
This decision overturned the earlier ruling of the High Court, which had dismissed Najib’s application for leave to commence judicial review concerning the alleged document.
Najib is currently serving a six-year custodial sentence for his conviction in the SRC International Sdn Bhd case, following the Federal Court’s dismissal of both his appeal and subsequent review application.
In February 2023, the Pardons Board commuted Najib’s original 12-year sentence to six years and reduced the RM210 million fine to RM50 million.
The hearing resumes on July 9. — July 2, 2025