PUTRAJAYA (Feb 12): Senior lawyer Tan Sri Muhammad Shafee Abdullah said that he would be filing an action of contempt of court against former attorney general Datuk Ahmad Terrirudin Salleh for misleading the court about a royal addendum, which allegedly allows former prime minister Datuk Seri Najib Razak to serve his jail sentence under house arrest. 

Speaking at a press conference at the Palace of Justice here, Shafee said that he would be filing the contempt action either on Thursday (Feb 13), or by the end of this week against Terrirudin, under instruction from Najib, his client. 

“I have received instructions to file the action of contempt of court against Terrirudin,” Shafee said. 

Terrirudin stepped down as the attorney general last year, and was immediately elevated as a Federal Court judge. 

Shafee said that he is filing this because Terrirudin should have been aware of the addendum’s existence, and suggested that the Attorney General’s Chambers (AGC) had concealed the document, instead of disclosing it.

He emphasised that the attorney general should have acknowledged the addendum’s existence and debated its legality openly. He added that the AGC’s silence on the addendum had led to the court dismissing Najib’s application to enforce it in April 2024.

“We feel it’s not candid or honest on the part of the former AG. We are talking about the AG, who is a fountain of justice. In a judicial review, there’s a duty of candour. The Government must state in total candour about the addendum; they cannot hide behind. They were completely silent. In view of that, we say that is contempt,” he said. 

Shafee also said that while it was not necessary at this stage of pursuing the addendum, he was nevertheless contemplating sending a second pardon application to the current King, for Najib’s prison sentence.

Najib is currently serving a reduced six-year prison term and a RM50 million fine after being found guilty of seven charges, including abuse of power, criminal breach of trust, and money laundering involving SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB). 

The original sentence was a 12-year prison term and a RM210 million fine, before a partial royal pardon was granted in March last year by the previous King. 

“I am contemplating a second pardon application, but without prejudice for his (Najib’s) right to pursue the addendum in the first application,” Shafee said. 

“If we don’t pursue the addendum, we’re not pursuing a right given to Najib. We are not lifting up a royal decree, and it must be upheld,” he said. 

The Court of Appeal had recently allowed Najib’s appeal to challenge on the existence of a purported addendum, allegedly permitting him to serve the rest of his prison sentence under house arrest, along with a letter purportedly from the Pahang royal household, verifying the addendum. 

Under Article 42(1) of the Federal Constitution, the King has the prerogative to grant pardons, reprieves, and respites for offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya. 

Article 42(2) further provides that the King may remit, suspend, or commute any sentence imposed by the courts.

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