Zafrul seeks leave to file affidavit in Najib's judicial review bid

Sunday 24 Nov 2024

KUALA LUMPUR (April 22): The firm of senior lawyer Tan Sri Cecil Abraham filed a letter on Monday seeking leave (permission) from the High Court to intervene in jailed former prime minister Datuk Seri Najib Razak’s judicial review for him to be placed under house arrest, and to represent Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Abdul Aziz to file an affidavit.

Messrs Cecil Abraham and Partners wrote to judge Datuk Amarjeet Singh on Monday to seek permission to file Tengku Zafrul’s affidavit in response to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s affidavit in support of Najib's application.

In the letter sighted by The Edge, the law firm said the affidavit by Tengku Zafrul had to be made, given that there were factual inaccuracies which ought to be corrected pursuant to the inherent jurisdiction of the court, and pursuant to Order 92 Rule 4 of the Rules of Court 2012.

“We (the law firm) are further instructed by our client (Tengku Zafrul) to state that our client takes no position as to the merits of the dispute between the parties. Our client merely wishes to ensure that the facts are accurately placed before this Honourable Court in a neutral manner.

“We sincerely hope that this Honourable Court will consider and allow this written request for leave to file an affidavit on the grounds as set out above,” said Cecil Abraham and Partners.

Order 92 Rule 4 of the Rules of Court pertains to granting an order to stay the proceedings pending the disposal of the review application.

Zahid in his affidavit in support of Najib’s claim alleged that Tengku Zafrul had shown him a copy of the purported addendum order issued by the previous king, the 16th Yang Di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, during Tengku Zafrul’s visit to Zahid's house in Kajang on Jan 30.

“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 had no copy of the addendum.

Following this revelation last Wednesday, Tengku Zafrul issued a media statement, saying there were what he called in his words "certain factual errors" in Zahid’s affidavit, and sought to ensure that the factual record is properly reflected and recorded, so that all parties, in particular the High Court, are properly appraised of all material facts.

“This will ultimately allow for a just and fair decision to be made in the interest of all parties concerned,” Tengku Zafrul said in the statement.

Najib filed a judicial review application on April 1, where he sought 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.

Datuk Seri Najib Razak (Photo by Zahid Izzani/The Edge)

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 Pardons 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 issued a brief statement on the same day, saying it would bring the matter to the court's attention.

Edited BySurin Murugiah

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