KUALA LUMPUR – Datuk Seri Tengku Zafrul Tengku Abdul Aziz has applied to the high court for permission to file an affidavit to correct the “factual errors” in another affidavit claiming that the former Yang di-Pertuan Agong had granted Datuk Seri Najib Razak a house arrest order in an addendum.
The application was filed via Messrs Cecil Abraham & Partners today with judge Datuk Amarjeet Singh’s office.
Tengku Zafrul said in his application that he intends to file the affidavit to specifically address the averments outlined in paragraph 6 of Datuk Seri Ahmad Zahid Hamidi’s supporting affidavit, which was filed on April 9. This is due to a factual inaccuracy that needs correction.
“There are factual inaccuracies that ought to be corrected pursuant to the inherent jurisdiction of this honourable court and/or pursuant to Order 92 Rule 4 of the Rules of Court 2012.
“For the record, we are further instructed by our client 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,” the letter sighted by Scoop read.
In Zahid’s affidavit, he said that he had met with Tengku Zafrul on January 30 at his house in Country Heights, where the latter had informed him of the existence of the addendum order that is in contention in Najib’s bid.
Zahid also claimed that Tengku Zafrul had shown him a copy of the addendum order on his phone, which was photographed or scanned from an original copy as shown to him by the 16th Yang di-Pertuan Agong.
The said addendum was claimed to have stated that Najib would be allowed to serve the reduced sentence of his imprisonment under the condition of home arrest instead of the current prison confinement in Kajang Prison.
Zahid also claimed that he further sighted the addendum order dated January 29, which has the 16th Yang di-Pertuan Agong’s seal and signature.
He also confirmed that the addendum order is genuine and that the Royal Prerogative Order is the main order.
Tengku Zafrul, who is also international trade and investment minister, immediately responded to the news report on Zahid’s affidavit, stating his intention to file his own affidavit in response to the one signed by the deputy prime minister.
He said this move will allow for a “fair and just decision” to be made in the interest of all parties concerned.
Najib, 70, filed the judicial review application on April 1, alleging that there is an addendum order issued by the 16th Yang di-Pertuan Agong dated January 29 allowing him to serve his remaining jail term under house arrest.
In the application, he named the home minister, the commissioner-general of the Prisons Department, the attorney-general, the Federal Territories Pardons’ Board, the government, the minister in the Prime Minister’s Department (Law and Institutional Reform), as well as the director-general of the legal affairs division in the Prime Minister’s Department, as the defendants.
Najib, who is currently serving his sentence for corruption in the SRC International case, requested the respondents confirm the addendum order exists – if so, to execute the order, provide original copies of it, and discuss any necessary reliefs the court deems fit.
The former prime minister’s prison sentence was halved by the Federal Territory Pardons Board at its meeting on January 29 from 12 years to six, and his fine was lowered from RM210 million to RM50 million. – April 22, 2024