Former Prime Minister Datuk Seri Najib's representative lawyer Tan Sri Muhammad Shafee Abdullah submitted a letter from the Pahang Royal Council dated January 4th this year as additional evidence for Najib's judicial review appeal application for home detention on Monday (January 6th).
He said the letter was written by the Comptroller of the Pahang Sultan's Palace, Datuk Ahmad, to Najib's eldest son, Datuk Mohamad Nizar, confirming the existence and validity of the home detention order.
During the Court of Appeal's reading of the letter's content, it stated:
“In view of the above, I hereby inform that Sultan Abdullah of Pahang, as the 16th King, has decreed that Datuk Seri Najib complete his remaining prison term under a home detention order based on a decree signed on January 29th, 2024.
“Therefore, through this letter, on behalf of Sultan of Pahang as the 16th King, I confirm that the additional decree does indeed exist and is valid.”
Government Representative Lawyer: Pardon Only Halves Sentence
Senior Federal Lawyer Sazali Mohd Yusoff, representing the government and other respondents, mentioned that during the 61st Federal Territories Pardons Board meeting on January 29, 2024, the additional decree was never discussed or mentioned.
“The main pardon announced in February only approved reducing Najib's sentence from 12 years to 6 years and the fine from RM250 million to RM50 million. It is a document signed and sealed by the 16th King, Sultan Abdullah, halving the sentence and directly handed to the minister at the time.”
He added that although the government could not respond to the latest affidavit recently submitted by Najib's eldest son, the court should not accept it, as there was a lack of proper due diligence in its acquisition.
“The application to submit additional evidence should be rejected, as Najib is trying to overturn the main pardon. Moreover, there is an issue that the main pardon cannot undergo judicial review.”
The Court of Appeal, consisting of three judges Datuk Azizah, AzirAhari, and Datuk Seri Mohamad Firuz, ruled 2 to 1 in favor of granting Najib's appeal for judicial review and remanding the case for trial to the Kuala Lumpur High Court.
Mohamad Firuz noted in his ruling that the respondents had not submitted a rebuttal affidavit questioning the existence or authenticity of the additional decree.
“Since no one has objected to the existence of the additional decree, the court cannot simply ignore the existence of an order from the then King. Therefore, we approve the applicant's submission of new evidence.”
Opposing Najib's application, Azizah said the High Court was right in ruling that the evidence submitted at trial was hearsay and did not make any errors that could be appealed.
“I agree with the High Court judge's ruling that the respondents, especially the Pardons Board, have no legal obligation to confirm the existence or present any order related to the exercise of pardon rights.
She further pointed out that there are no provisions in written law or the Federal Constitution requiring the Pardons Board to confirm or disclose the existence of any pardon, including the additional decree.
“The applicant (Najib) failed to demonstrate any legal obligation to confirm or produce the decree. I find the appeal baseless and it should be rejected without court fees.”