KUALA LUMPUR (April 17): The affirmed affidavit by Datuk Seri Dr Ahmad Zahid Hamidi about sighting an addendum order — purportedly issued by the previous king for Datuk Seri Najib Razak’s jail sentence to be commuted to house arrest — contains "certain factual errors", claimed Tengku Datuk Seri Zafrul Abdul Aziz.
Tengku Zafrul, who was cited in the deputy prime minister's (Ahmad Zahid's) sworn statement that was revealed on Wednesday, said he would be taking steps to obtain appropriate legal advice and seek to write to the High Court to ask for permission or leave to file an affidavit to correct those errors, but did not disclose what they were.
Zahid's affidavit, dated April 9, was in support of Najib’s application for a judicial review against the government and six others, as Najib claims that there exists an addendum to the order issued by the then-king — Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah — to reduce his sentence and allow him to serve his remaining prison term under house arrest.
“I take no position in so far as the merits of the ongoing dispute [are] concerned; but I merely wish to ensure that the factual record is properly reflected and recorded, so that all parties and in particular, the High Court, is properly appraised of all material facts,” said Tengku Zafrul, who is also the Minister of Investment, Trade and Industry.
“This will ultimately allow for a just and fair decision to be made in the interest of all parties concerned,” he said in a statement.
Zahid, in his affidavit, alleged that he had sighted the addendum order issued by the previous king, the 16th Yang Di-Pertuan Agong, and that it was Tengku Zafrul who informed him about the addendum in the pardon order, which is protected by the Official Secrets Act, during a visit to Zahid's house on Jan 30 this year.
“Upon querying further, he (Tengku Zafrul) showed me a copy of the addendum order from his phone, which showed a scan of the original copy.
“The contents of the addendum order expressly stated that the applicant (Najib) be allowed to serve the reduced sentence of his imprisonment under condition of 'house arrest' instead of the current prison confinement in Kajang Prison. I further sighted the addendum order [dated] Jan 29, which had the seal and signature of the 16th Yang di-Pertuan Agong.
“I further confirm that the addendum order is genuine and in fact the royal prerogative order as the main order,” Zahid said in the affidavit, adding that he has no copy of the addendum.
Najib filed his judicial review application on April 1. In his application, the former prime minister is also seeking a mandamus order to compel the production of the original copy of the main pardon order, along with the addendum order by the previous king.
Najib, who was sentenced to serve 12 years in jail and fined RM210 million after he was found guilty of abuse of power, criminal breach of trust and money laundering in relation to RM42 million belonging to SRC International Sdn Bhd, has had his jail term halved by the Pardon's Board that was chaired by the previous king earlier this year, while the fine was reduced to RM50 million.
Following Tengku Zafrul's statement, the Attorney General's Chambers said it will bring the matter to the court's attention in a brief one-paragraph statement.