In a unanimous decision, the Federal Court today dismissed an appeal by the prosecution regarding Najib Razak’s judicial review application. The application centers on a royal addendum order that could potentially allow the former prime minister to serve his prison sentence under house arrest.
The three-judge panel, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, issued the ruling on Wednesday. Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah also presided.
Justice Zabariah, in delivering the court’s decision, noted the Attorney General’s concession that the addendum exists. She emphasized that while the addendum’s existence is acknowledged, it does not mean the evidence is automatically admissible or that the document is valid. “Its status vis a vis its validity or whether it is true, needs to be ascertained at the substantive hearing,” she said.
The court remitted the case back to the High Court for a full hearing of the substantive judicial review before a new judge, stating that a comprehensive investigation and full arguments on both facts and law are necessary. The Federal Court set August 18 for case management at the High Court.
The Attorney General’s Chambers had sought to set aside a previous 2-1 majority ruling by the Court of Appeal on January 6. That decision had remitted Najib’s case to the High Court to be heard on its merits, overturning an earlier High Court ruling that had dismissed Najib’s application for leave to commence a judicial review. On April 28, the Federal Court granted the Attorney General leave to appeal the Court of Appeal’s decision.
Najib is currently serving a six-year prison sentence related to the SRC International Sdn Bhd case. His initial 12-year sentence and RM210 million fine were reduced by the Pardons Board in February of last year.
