Senior federal counsel Shamsul Bolhassan said the only decision made at the board’s 61st meeting on Jan 29 last year, chaired by then Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah, concerned the halving of the former prime minister’s 12-year jail term and a reduction of his fine to RM50 million.
“The addendum was not considered at the board meeting,” Shamsul said when opposing Najib’s application to adduce new evidence.
He told the three-member bench chaired by Justice Azizah Nawawi that, on that score alone, the court should reject the application.
Also on the panel hearing the application were Justices Azhahari Kamal Ramli and Firuz Jaffril.
The panel has said that it will deliver its ruling at 1pm today.
Shamsul said the prison department had only confirmed that Najib would be freed earlier if he complied with certain conditions.
He also said the order of the then king was signed and sealed before it was sent to the federal territories minister, who then issued a press statement.
“The appellant is trying to traverse beyond the main order,” he said, adding that there were no provisions in the Federal Constitution or written law to compel the government to confirm the existence of the addendum order.
In response, Shafee said the government’s claim that the addendum order never existed was dishonest.
“What if the order existed, (what would be) its effect?” he asked.
He also questioned why the government was not challenging the order.
“Their silence is a complete dishonesty,” he said.
Najib is seeking to adduce fresh evidence in his appeal to compel the government to execute a purported royal decree issued by Al-Sultan Abdullah allowing him to serve the remainder of his reduced six-year jail term under house arrest.
The former prime minister, who was convicted of abuse of power, criminal breach of trust, and money laundering in respect of RM41 million in funds belonging to SRC International Sdn Bhd, has been in prison since Aug 23, 2022.
He was originally sentenced to a 12-year jail term and fined RM210 million.
The High Court previously rejected Najib’s application for leave, giving rise to the present appeal.