KUALA LUMPUR: Will the High Court agree to hear Datuk Seri Najib Razak's bid to challenge the existence of an addendum order by the former King allowing him to serve the remainder of his jail sentence under house arrest?
This is the big question which will be answered today as High Court judge Datuk Amarjeet Singh is slated to deliver his verdict on the highly anticipated matter.
In judicial review applications, the court must first grant leave or permission before considering the merits or substance of the application.
This step ensures that the application is not frivolous, vexatious, or an abuse of the court process.
In April, Najib, the former prime minister filed a judicial review to establish the existence of the addendum order dated January 29, issued by former Yang di-Pertuan Agong which he claims the government has kept silent about.
He named the Home Minister, Prison Department commissioner general, Attorney-General (AG), Federal Territories Pardons Board, Minister in the Prime Minister's Department (Law and Institutional Reform), Legal Affairs Division director-general, and the government as respondents.
The former Umno president bolstered his application by filing two additional supporting affidavits, one of which is from the party's vice-president Datuk Seri Wan Rosdy Wan Ismail.
Another affidavit cites statements by Prime Minister Datuk Seri Anwar Ibrahim at the PKR 25th Anniversary Convention in Shah Alam last April.
Those affidavits follow the one filed by Najib's successor, Datuk Seri Dr Ahmad Zahid Hamidi supporting the former Pekan member of Parliament's claim on the existence of the addendum order.
The deputy prime minister claimed a photograph of the document was shown to him by former Selangor Umno treasurer Tengku Datuk Seri Zafrul Abdul Aziz at the former's house near Country Heights on Jan 30.
Zahid stated that the contents of the addendum order expressly specified that Najib should serve the reduced sentence under house arrest instead of his current confinement in Kajang Prison.
Zahid's contention was supported by Wan Rosdy when the Pahang Menteri Besar in his supporting affidavit also said Tengku Zafrul had told him of the document's existence dated Jan 29.
However, on May 2, the court dismissed Tengku Zafrul's attempt to file an affidavit to rectify "factual errors" in Zahid's affidavit, citing that there was no provision in the law allowing him to do so at stage.
Meanwhile, Najib in his latest affidavit also claimed that the speech by Anwar during the PKR special convention is the strongest evidence of the addendum order by the former King.
He also included footage of Anwar's speech at the Ideal Convention Centre (IDCC) in Shah Alam on April 21, along with the transcript of the speech.
Najib claimed Anwar, in his speech, did not mention the main order but subtly questioned the validity of the addendum order without explicitly naming it.
On April 21, Anwar in his speech said any decision regarding the alleged addendum order granting house arrest to Najib must be made in the meeting of the Pardons Board.
Anwar added he would not interfere in the matter.
On Jan 29, the Federal Territories Pardons Board, which the then King presided over, halved Najib's 12-year jail sentence for abuse of power and criminal breach of trust in the SRC International case and reduced his RM210 million fine to RM50 million.
TIMELINE: Najib's house arrest order
Aug 23, 2022: The Federal Court's five-member bench upholds Datuk Seri Najib Razak's conviction, 12-year jail sentence, and RM210 million fine for abuse of power and criminal breach of trust in the SRC International case.
March 31, 2023: The Federal Court's five-member bench dismisses Najib's application to review his conviction for misappropriating SRC International funds.
Jan 29, 2024: The Federal Territories Pardons Board, presided over by the then King, halves Najib's 12-year jail sentence and reduces his RM210 million fine to RM50 million.
April 1, 2024: Najib files a judicial review application claiming the existence of an addendum decree purportedly ordered by the former Yang di-Pertuan Agong for him to serve his remaining six-year imprisonment under house arrest.
April 4, 2024: Home Minister Datuk Seri Saifuddin Nasution Ismail states he has no knowledge of any addendum regarding Najib's permission to serve his remaining jail sentence under house arrest.
April 17, 2024: Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi confirms the existence of an addendum order, a document claimed to have been shown to him by former Selangor Umno treasurer Tengku Datuk Seri Zafrul Abdul Aziz at his house near Country Heights on Jan 30.
April 22, 2024: Tengku Zafrul writes to the High Court seeking permission to file an affidavit to correct "factual errors" in another affidavit, which claimed that the former Yang di-Pertuan Agong, had in an addendum order, granted house arrest to Datuk Seri Najib Razak.
May 5, 2024: The High Court dismisses Tengku Zafrul's bid to file his own affidavit, citing that there is no provision in the law allowing the Investment, Trade, and Industry Minister to file such an affidavit at this stage.
May 27, 2024: Umno vice-president Datuk Seri Wan Rosdy Wan Ismail claims that he was told by Tengku Zafrul that the previous King had issued an addendum order allowing Najib to serve the remainder of his jail sentence under house arrest.
June 5, 2024: The High Court allows Najib to file two additional affidavits involving support affirmed by Wan Rosdy as well as statements by Prime Minister Datuk Seri Anwar Ibrahim at the PKR 25th Anniversary Convention in Shah Alam last April.