KUALA LUMPUR — Attempts to prevent public discussion on former Prime Minister Datuk Seri Najib Razak’s royal addendum order case in the high court are aimed at protecting the Attorney-General’s Chambers (AGC), claimed lawyer Tan Sri Muhammad Shafee Abdullah.
He alleged that former Attorney-General (AG) Tan Sri Ahmad Terrirudin Salleh had concealed the existence of the order on Najib’s home imprisonment, and the AGC is now asking the court for a gag order to shield their former chief.
Expressing astonishment, Shafee said the AGC had opposed his previous application for a gag order during Najib’s SRC International corruption trial in 2018. This is the interim gag order on public discourse on the case granted by High Court Judge Datuk Sophian Abdul Razak in July that year.
At the time, then AG Tan Sri Tommy Thomas contested the gag order, arguing that it infringed upon the constitutionally protected right to free speech.
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In August 2018, following Sophian’s replacement by Judge Datuk Mohd Nazlan Ghazali, the High Court dismissed Najib’s application to extend the order.
“In certain cases where the public gets overly excited and voices too many opinions, a gag order can be beneficial.
“Sophian initially presided over the SRC International case when I requested the gag order.
“Can you guess who wanted it removed? Tommy Thomas, as the Attorney-General.
“The gag order was (later) removed by Judge Nazlan following a so-called routine transfer, which I don’t believe at all,” Shafee said during the Trick Lama podcast hosted by Terence Fernandez, editor-in-chief of Big Boom Media Group which publishes Scoop. The show was co-hosted by group chief executive Datuk Zainul Arifin and group executive director Datuk Ahirudin Attan, also known as Rocky Bru.
The lawyer has also said Terrirudin, who has been appointed as a Federal Court judge, should resign from the post for “misleading the court” over the existence of the addendum order.
Najib is seeking to compel Putrajaya to confirm and enforce the addendum order on his home imprisonment. The case is back in the high court after the Court of Appeal in a split decision on Jan 6 allowed Najib’s appeal against the lower court’s decision to dismissed his application for leave for judicial review on the matter
Drawing comparisons between the SRC trial and Najib’s current judicial review to enforce the addendum, Shafee noted that the addendum is already widely discussed by the public.
“The horses have bolted. Why close the stable door now? It’s too late.
“People will think there’s something to hide. I believe it’s against the government’s interest for the AGC to pursue a gag order,” Shafee added.
Shafee expressed confidence that the courts would uphold the law by enforcing the addendum, which would permit Najib to serve the remainder of his sentence at home.
However, he did not rule out the possibility of negotiations between Najib and the government.
“Recognition and enforcement of the addendum are legal outcomes.
“There could also be a political outcome arising from negotiations between the government and Najib, which I am not aware of.
“It’s possible because Najib has nowhere to go as he is in prison and easily accessible for discussions,” Shafee said.
On Feb 2, 2024, Najib was granted a royal pardon that halved his 12-year prison sentence and reduced his fine from RM210 million to RM50 million.
The sentence is linked to his conviction for abuse of power, criminal breach of trust (CBT), and money laundering involving RM42 million from SRC International, a former subsidiary of 1MDB.
Najib subsequently claimed that a supplementary royal decree dated Jan 29, 2024 – when the Federal Territories Pardons Board met to decide on his sentence reduction – allowed him to serve the remaining six years of his sentence under house arrest.
In April 2024, Najib filed a judicial review application at the Kuala Lumpur High Court to compel the government to enforce the royal addendum. However, the High Court dismissed the application.
The Court of Appeal later overturned the High Court’s decision, granting Najib leave to pursue judicial review earlier this year. – January 20, 2025