Based on a check of the court system, the AGC’s application, filed via a notice of appeal on Feb 4, is scheduled for hearing at 9am in Federal Court 1.
On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib’s claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest, to the High Court to be heard on its merits.
This decision overturned the High Court’s earlier ruling, which had dismissed his application for leave to commence a judicial review regarding the alleged additional document.
The former Umno president is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024.
He named the home minister, the prisons commissioner general, the attorney-general, the Federal Territories Pardons Board, the law and institutional reform minister, and the director-general of the Prime Minister’s Department’s legal affairs division as respondents.
The former Pekan member of parliament also sought an order that, should the additional document be proven to exist, all respondents or any one of them should enforce it immediately and transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence.
On July 3 last year, Justice Amarjeet Singh dismissed Najib’s application for leave to initiate a judicial review, ruling that the four affidavits submitted in support of his claim, which included statements by Umno president Ahmad Zahid Hamidi and Umno vice-president Wan Rosdy Wan Ismail, were hearsay and inadmissible as evidence in court.
Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.
The High Court initially sentenced him to 12 years in prison and fined him RM210 million, a decision which was subsequently upheld by the Court of Appeal and the Federal Court.
However, his petition for a royal pardon resulted in the FT Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.