Kuala lumpur: The Federal Court was told today that Datuk Seri Najib Tun Razak failed to exercise reasonable diligence in securing an additional document purportedly authorising him to serve the remainder of his prison sentence under house arrest, during the judicial review leave application at the High Court.
According to BERNAMA News Agency, Attorney-General (AG) Tan Sri Mohd Dusuki Mokhtar argued that the former prime minister had ample opportunity to obtain the alleged document when filing for leave but failed to do so. Mohd Dusuki highlighted that Najib’s son, Datuk Mohamad Nizar, who serves on the Pahang State Executive Council, could have procured the document due to his connections and access to the Sultan of Pahang.
Mohd Dusuki emphasized that the document was only obtained after the High Court’s decision, indicating a lack of reasonable diligence on Najib’s part. The AG contended that this non-compliance made the application to present fresh evidence untenable during the appeal concerning the alleged additional document.
The Federal Court panel, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, included Justices Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. Mohd Dusuki supported the minority judgment of the Court of Appeal, which found a lack of reasonable diligence, and criticized the majority decision for finding the alleged addendum credible.
Meanwhile, Najib’s counsel, Tan Sri Muhammad Shafee Abdullah, argued that the Attorney General’s Chambers had prior knowledge of the alleged addendum, as it was addressed to the former AG. On April 28, the Federal Court granted leave for the AG to appeal against the Court of Appeal’s decision regarding the alleged document.
On January 6, the Court of Appeal, in a 2-1 majority decision, remitted Najib’s application concerning the document to the High Court for determination on its merits, overturning the High Court’s earlier dismissal of Najib’s application for judicial review.
Najib is serving a six-year sentence for his conviction in the SRC International Sdn Bhd case, with the Federal Court dismissing his appeal and review application. In February 2023, the Pardons Board reduced Najib’s original 12-year sentence to six years and lowered the RM210 million fine to RM50 million.