KUALA LUMPUR – The high court here has rejected Datuk Seri Tengku Zafrul Tengku Abdul Aziz’s application to file an affidavit to correct certain “factual errors” in another affidavit supporting former prime minister Datuk Seri Najib Razak’s bid for house arrest.
Najib’s counsel Tan Sri Muhammad Shafee Abdullah confirmed the decision by judge Datuk Amarjeet Singh to reporters outside the courtroom, here today.
The lawyer said Tengku Zafrul was not allowed to submit an affidavit to correct claims in an affidavit filed by Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, as the former is not a party in Najib’s judicial review application against the government and other parties.
“I objected to the application (for Tengku Zafrul to submit an affidavit responding to Zahid’s) as he (Tengku Zafrul) does not represent any party in the judicial review application.
“The judge denied (Tengku Zafrul’s) application and said that if leave is granted for (Najib’s) judicial review application, he (Tengku Zafrul) is welcome to try submitting his affidavit then,” Shafee added.
Najib’s leave for his judicial review application to enforce a purported addendum royal order on his house arrest is to be heard by the court on June 5.
Today’s decision was made in chambers.
In a message to the media, senior federal counsel Shamsul Bolhassan, who appeared for the Attorney-General’s Chambers (AGC) alongside Ahmad Hanir Hambaly, said that the AGC had not objected to Tengku Zafrul’s application.
Tengku Zafrul, who is the international trade and investment minister, sought permission from the high court to file an affidavit in response to Zahid’s affidavit, which claimed that Tengku Zafrul had shown him a copy of a royal supplementary order allowing Najib to serve his remaining prison sentence under house arrest.
Zahid also claimed that a copy of the addendum order dated January 29 bearing the 16th Yang di-Pertuan Agong’s seal and signature is in the collective possession of respondents named in Najib’s judicial review application.
Tengku Zafrul 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.
This, Tengku Zafrul said, will allow for a “fair and just” decision to be made in the interest of all parties concerned as there are certain “factual errors” in Zahid’s affidavit.
Najib, in his judicial review application, named the home minister, the commissioner-general of prisons, 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 respondents in his judicial review application.
Najib, 70, filed the judicial review application on April 1, alleging that there was an addendum order issued by the 16th Yang di-Pertuan Agong dated January 29 allowing the former Umno president to serve his remaining jail term under house arrest.
The former prime minister, currently serving his sentence for corruption in the SRC International case, requested that the respondents confirm the addendum order exists – and if so, to execute the order, provide original copies of it and discuss any necessary reliefs the court deems fit.
Najib’s prison sentence was halved by the Pardons Board at its meeting on January 29 from 12 years to six, and his fine was lowered from RM210 million to RM50 million. – May 2, 2024