KUALA LUMPUR (Feb 19): Public discourse and discussion about former prime minister Datuk Seri Najib Razak’s addendum court action can jeopardise public trust and incite prejudice against the royal institution whether or not they are involved as a party in proceedings, according to Solicitor General II Datuk Suzana Atan.
Suzana, in an affidavit on behalf of the attorney general, said there is a clear need for a “gag order” on the matter.
In the affidavit, Suzana had attached exhibits to town halls and forums where Najib’s counsel Tan Sri Shafee Abdullah was a guest speaker at some of them, to show alleged prejudice in the ongoing judicial review process involving the addendum in Najib’s house arrest application.
The examples cited in the affidavit are:
- Townhall rakyat mencari kebenaran — Badan kehakiman & keadilan rakyat (1MDB, SRC, IPIC, DNAA, DAA, Hearsay, Addendum, Tahanan politik, Konflik kepentingan, Tahanan rumah, Hak rakyat)
- Townhall rakyat mencari kebenaran — Pengampunan Diraja: Skop dan halangan
- Titah adendum disorok? Siapa yang bertanggungjawab
- Gag order on addendum will worsen public trust towards govt, says Puad
- Wacana awam — Menolak lupa: Najib Razak, 1MDB & tahanan rumah
- Let's talk about what the royal addendum means
- Royal addendum gag order — Addendum: Despite gag order threat, the people will continue to speak up
- Gag order on Najib's review application against the constitutional right of freedom of speech
- Trick Lama: Shafee Abdullah breaks down the royal addendum on Najib Razak's house arrest
- Spotify playlist: This is royal addendum
“I emphasise that a negative discussion and confusing innuendo and defamatory discussions done openly in the public can jeopardise public trust and incite prejudice against the royal institution,” she said.
"The applicant [Najib’s] claim that there is no threat or immediate risk due to no legal action is inaccurate,” she said.
She said that media reports, town halls, public statements and forums attended by all sorts of members of society including Najib’s own lawyer can cause prejudice to the ongoing legal proceedings as well as the immediacy of the threat of real risk of injury.
“Therefore, it is fair that this court considers protective measures to ensure justice is enforced without interference stemming from uncontrolled public discourse,” she said.
Najib had earlier this month opposed the bid for a gag order in an affidavit to the court.
He said that the gag order application is premature and should be struck out, as the applicant must show there is an immediate risk, or threat or prejudice to any of the parties in the proceeding. The royal Institution is not a party in the proceedings, he added.
On Jan 20, the federal government and five others filed a prohibitory and gag order, barring the public from openly discussing the purported royal addendum that would have allowed Najib to serve the remainder of his six-year jail sentence under house arrest.
If granted, the gag order would be in effect until the end of Najib’s application, and any appeals in the case.
The government is seeking the court to bar any comments and suspicious discussions, questioning, challenging or insulting the prerogative of the Yang di-Pertuan Agong and his power under the Federal Constitution to give the pardon.
Najib is seeking leave, or permission, for a judicial review over a purported addendum issued by the former King, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, in February last year. Leave must be obtained for judicial review to ensure that an application is not frivolous or vexatious.
If Najib is successful in the case, the government would have to produce the addendum that he claims was issued as part of the pardon granted to him. Najib also wants the government to enforce the purported decree to have him serve the rest of his sentence under house arrest.
Najib is currently serving a reduced six-year jail term and RM50 million fine.