Justice Amarjeet Singh held that there was no arguable case to warrant a full hearing of the application.
Najib’s lawyer, Shafee Abdullah, told the court that they would file an appeal against today’s decision.
The judge said affidavits filed by Najib as well as Umno president Ahmad Zahid Hamidi and vice-president Wan Rosdy Wan Ismail were purely hearsay.
In his affidavit, Zahid claimed that Tengku Zafrul Aziz had shown him a copy of the purported addendum order on his phone during a meeting.
Meanwhile, Wan Rosdy alleged that Tengku Zafrul had told him that the document was issued by then king, Al-Sultan Abdullah Sultan Ahmad Shah.
Amaerjeet said Najib’s own affidavits merely contained bare statements about the existence of the purported supplementary order without identifying the source of his information.
“I find that the applicant’s affidavits are, at the highest, pure hearsay,” Amarjeet said, adding that the sworn statements of Zahid and Wan Rosdy suffered from the same defect.
The court also said that the trio had relied on Tengku Zafrul as the “source” of their knowledge.
“But the source (Tengku Zafrul) did not affirm any affidavit (on Najib’s behalf) and there is also no explanation forthcoming as to this fact.
“He was available but not used,” Amarjeet said.
The court had previously rejected Tengku Zafrul’s bid to file an affidavit to “correct certain errors” over the supplementary order, ruling that there was no legal provision enabling a non-party to a judicial review proceeding to file an affidavit.
Earlier this year, the Federal Territories Pardons Board (FTPB) halved Najib’s prison sentence in his SRC International case from 12 years to six, and reduced his fine from RM210 million to RM50 million.
He is currently serving his sentence in Kajang prison.
In the application filed on April 1, Najib claimed that Al-Sultan Abdullah had issued the supplementary decree during a meeting of the FTPB held on Jan 29, a day before his term ended.
Najib alleged that the supplementary decree was not announced by the board on Feb 2 and that the government was in contempt for not executing it.
He wanted the court to compel the government to execute the supplementary decree, if it exists, to place him under house arrest.