KUALA LUMPUR (May 23): Former prime minister Datuk Seri Najib Razak has initiated contempt of court proceedings against former attorney general (AG) and sitting apex court judge Tan Sri Ahmad Terrirudin Mohd Salleh, over an alleged order which allows the ex-PM to serve his jail sentence under house arrest.
In a statement on Friday, Shafee & Co, the firm representing Najib, said that the leave application to start contempt proceedings was filed on May 21. The application centres on Ahmad Terrirudin’s alleged knowledge of the royal addendum’s existence.
According to the firm, the order in question — dated Jan 29, 2024 — was issued by the then Yang di-Pertuan Agong (YDPA) Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, and conveyed to Najib via Najib’s son Datuk Mohamad Nizar Najib.
Furthermore, the firm pointed out that the Pahang Royal Council formally confirmed the authenticity and validity of the said addendum order. The former YDPA is the current Sultan of Pahang.
“Despite such knowledge, it is our client’s assertion that the former AG (Ahmad Terrirudin), when holding the post, had ordered his officers to mislead the High Court hearing the application for leave to commence judicial review by representing that our client’s assertion on the existence of the addendum order was a fishing expedition, speculative, and was based on hearsay evidence despite knowing this to be patently untrue.
“Our client believes that by electing to mislead the High Court, the former AG has brought the administration of justice into disrepute, warranting serious sanction by the Courts,” the statement read.
The firm emphasised that the application for leave is a necessary first step in holding Ahmad Terrirudin accountable, and giving him the opportunity to respond to the allegations.
Contempt of court refers to acts that show disrespect towards the judiciary, or interfere with legal proceedings. Legal action can be taken to sanction such behaviour, but prior approval from the court — in the form of leave — is required.
Senior lawyer Tan Sri Muhammad Shafee Abdullah had previously announced the intention to initiate contempt proceedings during a press conference on Feb 12, though no further updates were provided until now.
According to earlier reports, Shafee said that this came after Prime Minister Datuk Seri Anwar Ibrahim confirmed in January that the then AG received a letter concerning the royal addendum, which ordered Najib to serve the remainder of his prison sentence under house arrest.
However, Anwar noted that after the letter was received, the YDPA changed, and Ahmad Terrirudin submitted the letter to Istana Negara for the newly appointed King of Malaysia, His Majesty Sultan Ibrahim Sultan Iskandar, to decide.
Najib is currently serving his prison sentence in Kajang, after the apex court dismissed his final appeal in the RM42 million SRC International Sdn Bhd case in August 2022.
In February 2024, the Pardons Board reduced his initial 12-year jail sentence and fine of RM210 million, to six years and RM50 million fine.
The appellate court has ordered Najib’s judicial review linked to the addendum order to be remitted to the High Court to have its merits heard.