Govt goes to apex court over Najib’s judicial review on addendum

Govt goes to apex court over Najib’s judicial review on addendum

The AGC says the application was made in view of the difference in interpretation of law by the three-member Court of Appeal panel, resulting in a split decision.

najib razak
In a split ruling last month, the Court of Appeal granted former prime minister Najib Razak leave to begin judicial review proceedings to compel the government to execute the royal ‘house arrest’ addendum. (Bernama pic)
PETALING JAYA:
The government is seeking leave to appeal to the Federal Court over the grant of leave to Najib Razak to commence judicial review proceedings in his bid to serve the remainder of his jail term under house arrest.

In a statement, the Attorney-General’s Chambers (AGC) said the application for leave against the Court of Appeal’s decision was filed yesterday.

The AGC said the application was made in view of the difference in interpretation of law by the three-member Court of Appeal panel, which resulted in a split decision.

“This made it necessary (for an appeal to be filed) in order to obtain certainty and a clear decision from the Federal Court,” it said.

It also said the appeal was necessary since it involved significant questions of law that were of public interest and needed to be answered by the apex court.

“The AGC believes that this step is not only important to ensure justice in this case, but also to uphold the principle of rule of law and clarify the interpretation for the benefit of all parties.”

In a split ruling last month, the Court of Appeal granted Najib leave to begin judicial review proceedings to compel the government to execute a supplementary decree issued by the former king.

Justices Firuz Jaffril and Azhahari Kamal Ramli held that the High Court’s finding that Najib’s affidavits were based on hearsay evidence could no longer stand following new evidence adduced by the former Pekan MP.

They said that Najib obtained a copy of the addendum from the Pahang ruler, who was the 16th Yang di-Pertuan Agong, after the High Court hearing in July.

Justice Azizah Nawawi, who chaired the Court of Appeal bench, dissented, saying the High Court was correct in ruling that a mandamus order could not be granted against the pardons board.

Azizah said there was no legal provision that could make the board confirm or disclose any existence of a pardon order, including the addendum order.

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