PUTRAJAYA: Former prime minister Najib Razak has obtained leave to begin judicial review proceedings to prove the existence of a supplementary order allowing him to serve the remainder of his jail term under house arrest.
In a split ruling, a three-member Court of Appeal bench also allowed Najib’s application to adduce new evidence when the merits of the case are heard in the High Court.
Justice Firuz Jaffril said Najib had fulfilled the criteria in Ladd & Marshall to introduce new evidence.
Justice Firuz Jaffril said Najib had fulfilled the criteria in Ladd & Marshall to introduce new evidence.
He also noted that Najib had written to six respondents on the existence of the purported addendum with no reply from any of them.
The six respondents are the home minister, prisons commissioner general, attorney-general, Federal Territories Pardons Board, law and institutional reform minister, and director-general of the Prime Minister’s Department’s legal affairs division.
After the High Court ruling in July, Firuz said, Najib had obtained a copy of the addendum from the Pahang ruler, who was the 16th Yang di-Pertuan Agong.
He added that the government had not provided compelling rebuttal evidence.
Justice Azhahari Kamal Ramli concurred with Firuz.
Justice Azizah Nawawi, who chaired the Court of Appeal bench, dissented.
