A five-member bench, chaired by Chief Judge of Malaya Azahar Mohamed, however, allowed Najib’s lawyers to hold a watching brief in Azilah’s matter.
Najib was in court to follow the proceedings but left for Parliament just before the verdict was delivered.
Azahar said Najib was not prosecuted in the Altantuya murder and as such was not directly affected by Azilah’s application.
“His legal rights are not connected with the intervener’s application,” said Azahar, who sat with Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Zaleha Yusof and Zabariah Mohd Yusof.
Azahar said Azilah’s lawyers and the prosecution were sufficient to assist the bench in the review application.
Earlier, Najib’s lawyer, Muhammad Shafee Abdullah, said his client denies all allegations in Azilah’s sworn statement accusing him of ordering her death.
“In the review applicaton, Najib is being accused of directing the murder of Altantuya,” he said, adding that the details in Azilah’s affidavit were atrocious and the allegations were the “unkindest act”.
“Najib has a legal interest to intervene as his reputation is going to be sullied,” he said.
Shafee said Najib ought to be given a friend of the court status or be allowed to hold a watching brief should the application to be made a party in the review was rejected.
Lawyer J Kuldeep Kumar said the review application was a matter between his client Azilah and the attorney-general (AG), who represents the state.
“The AG represents the voice of the people and the outcome of the review has no effect on Najib,” he said.
Kuldeep said Azilah was only asking for a retrial should the review application be allowed.
He said the Federal Court was not the proper forum for Najib and he could “distort” Azilah’s application.
Deputy public prosecutor Mohd Dusuki Mokhtar said the apex court had inherent jurisdiction to allow Najib to become intervener but it must be used sparingly.
“He could be allowed to be made a party on the grounds of procedural fairness and not on factual matters,” he said.
Azilah, who is now in Kajang prison, filed the review last December under Rule 137 of the Federal Court Rules 1995 to set aside his conviction and order a retrial to prevent a miscarriage of justice.
Azilah, who was convicted together with Sirul Azhar Umar, said among others that Abdul Razak Baginda, Altantuya’s former lover who was acquitted of her murder, and senior police officer Musa Safri were aware of “instructions” from Najib.
Azilah and Sirul were sentenced to death in January 2015, nine years after Altantuya was killed in a forest near Shah Alam and her body blown up with explosives.