Kuala lumpur: The Federal Court has dismissed a preliminary objection by Datuk Seri Najib Tun Razak against the Attorney-General’s (AG) appeal regarding an additional document that allegedly permits the former prime minister to serve the remainder of his prison sentence under house arrest. A three-member bench, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, unanimously decided that the seven questions of law proposed by the AG are justiciable and subject to court review.

According to BERNAMA News Agency, the panel, which also included Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah, has scheduled to hear the AG’s appeal tomorrow. Earlier, on April 28, the Federal Court granted the AG leave to appeal concerning Najib’s additional document. Justice Hasnah noted that the first three questions raised by the AG involve new legal issues about the presentation of fresh evidence, requiring further court examination.

Justice Hasnah explained that questions four to six pertain to the AG’s role, especially concerning the failure to file a rebuttal affidavit during the judicial review application’s leave stage. Najib argued that these questions are an attempt by the AG to bypass the duty of candour expected from public authorities during judicial review proceedings. The seventh question addresses justiciability, previously tackled by the High Court, and involves whether the addendum is a matter that the court can review, relevant to Article 42 of the Federal Constitution.

The court found that all questions raised by the AG were neither academic nor hypothetical and thus dismissed Najib’s preliminary objection unanimously. Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah, while Attorney-General Tan Sri Mohd Dusuki Mokhtar represented the AG.

Previously, on January 6, the Court of Appeal decided by a 2-1 majority to remit Najib’s case concerning the alleged additional document to the High Court for a merits hearing, overturning the High Court’s earlier decision to dismiss Najib’s application for leave to commence a judicial review. Najib is serving a six-year jail sentence related to the SRC International Sdn Bhd case, following the Federal Court’s dismissal of his appeal and review application.

In February last year, the Pardons Board reduced Najib’s original 12-year jail sentence and RM210 million fine to a six-year term and a RM50 million fine.