PUTRAJAYA: The Court of Appeal judge hearing Datuk Seri Najib Razak's house arrest appeal was disturbed by the absence of any letter from the Attorney-General's Chambers (AGC) or the government challenging the addendum.
Datuk Seri Mohd Firuz Jaffril, one of the judges on the panel, said he was disturbed by the lack of any communication from the respondents disputing the existence of the addendum, which purportedly allowed Najib to serve his remaining jail term under house arrest.
The judge made the remarks while senior federal counsel Shamsol Bolhassan who appeared for all the respondents submitted why the appellate court should dismiss the former prime minister's application to adduce additional evidence in his appeal over the issue.
"During the last proceeding, you told the panel that you needed time to verify whether this so-called draft addendum originated from the palace itself.
"However, before us today, as I was preparing to hear this appeal, what I see is a statement from the Istana Negara... I am disturbed.
"There was no letter from the AGC or any other respondents challenging the addendum... it is as if you acknowledge the existence of this addendum," he said.
Najib, 71, is appealing the Kuala Lumpur High Court's July 3 decision last year, which dismissed his application for leave to commence a judicial review of a purported addendum issued by the 16th Yang di-Pertuan Agong.
Najib is seeking a mandamus order to compel the respondents to provide a response and verify the existence of the purported additional decree dated Jan 29, 2024.
The respondents are the Malaysian Government, the Home Minister; the Commissioner-General of Prisons; the Attorney-General; the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya; the Minister in the Prime Minister's Department (JPM) (Law and Institutional Reform) and Director-General of Legal Affairs Division at JPM.