PUTRAJAYA: The Court of Appeal (CoA) today adjourned Datuk Seri Najib Razak's application, which sought to introduce new evidence to prove the existence of a supplementary order allowing him to serve the remainder of his jail sentence under house arrest.
This came after senior federal counsel Shamsul Bolhassan told the CoA panel, led by Datuk Azizah Nawawi, that the Attorney-General's Chambers needed time to go through the documents.
"We were served with the application yesterday. And as such, we need time to go through the affidavit to verify the documents that were exhibited. Because the document, as it is, was neither signed nor sealed. We may or may not reply to the affidavit. But, as of now, we need time to verify the documents that were exhibited," he told the panel, which also included Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril.
Earlier during proceedings, Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, said the application was filed on Dec 3 and the Attorney-General's Chambers had been served with a copy.
"The fresh information was obtained on Dec 2. And within the same day, we filed the application to adduce fresh and further evidence for the purposes of using it at the main appeal. The application to adduce fresh evidence should be heard first within a reasonable time as a matter of urgency," he said.
Azizah then said that since there is an application to adduce fresh evidence, the hearing appeal is adjourned to another date. The date for the next proceedings was yet to be determined at press time.
The appeal hearing is on Najib's challenge against the Kuala Lumpur High Court's decision to dismiss his application for leave to commence a judicial review regarding an alleged addendum.
The addendum, purportedly issued by the 16th Yang di-Pertuan Agong, would allow Najib to serve the remainder of his prison sentence under house arrest.
On July 3 this year, the Kuala Lumpur High Court ruled that all affidavits pertaining to Najib's judicial review to determine the existence of an addendum order by the former King, which allegedly granted him house arrest, were hearsay.
Judge Datuk Amarjeet Singh said all affidavits in Najib's case contained bare statements without mentioning the source and his belief of the existence of the addendum order.
In April, Najib filed a judicial review to establish the existence of the addendum order dated Jan 29, issued by former Yang di-Pertuan Agong which he claimed the government had kept silent.
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.
Najib claimed that his lawyers have requested an original copy or a copy of the order from the Kajang Prison, but have not received a response.
He also claimed the subsequent inaction by the Home Minister and Prison Department commissioner general to execute the said order, is irrational, unreasonable, illegal, and arbitrary and offends the Federal Constitution and laws.
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.
