Former Prime Minister Najib's chief representative lawyer, Tan Sri Shafee Abdullah, insists that the additional home custody order for Najib indeed exists and has been concealed until it emerged on December 2 last year.
He stated that the additional order, allegedly issued by the former King, allowed Najib to serve the remainder of his sentence at home.
On Monday, Shafee mentioned in his submissions that Najib's eldest son, Datuk Nizar, obtained this document from the palace on December 2 last year, under instructions from the Sultan of Pahang, Abdullah.
He told the Court of Appeal that all additional evidence must be accepted to be included in the appeal hearing.
He argued that the responsibility to disclose the additional order does not lie with the applicant (Najib) but is the duty of public institutions.
He explained that the document Nizar received is a private record of the Sultan of Pahang, and hence the document did not bear the Sultan's signature.
Shafee further stated that the additional order surfaced only after the Kuala Lumpur High Court dismissed Najib's judicial review application regarding his "home custody" last July.
Najib filed a judicial review application in the High Court seeking government confirmation on whether the 16th King, Sultan Abdullah, had granted an additional order allowing him to serve his sentence at home, but this application was dismissed by the High Court.
The Court of Appeal is set to hear Najib's appeal against the High Court’s decision regarding the additional order on Monday (6th).