KUALA LUMPUR: Attorney General Datuk Mohd Dusuki Mokhtar has objected the application by three opposition MPs to appoint lawyers to hold watching brief in the judicial review filed by former Prime Minister Datuk Seri Najib Tun Razak, arguing that they have no right to argue or raise objections in the case, only to observe.
The judicial review pertains to Najib’s claim regarding the existence of an additional document that would enable him to serve the remainder of his six-year prison sentence under house arrest.
In an affidavit filed on Feb 10, Mohd Dusuki argued that the application made by Opposition Leader Datuk Seri Hamzah Zainudin, Bersatu Whip Datuk Seri Dr Ronald Kiandee, and Pas Vice President Datuk Seri Dr Ahmad Samsuri Mokhtar lacked merit.
Mohd Dusuki said lawyers holding watching brief do not have the right to present arguments or get involved in the case beyond just observing, adding that there is no need for them to be present.
“I truly state that if there are constitutional issues arising during the hearing of this judicial review application, (Najib’s) lawyer has the authority to argue on those issues without the need for the presence or arguments from the applicants in this application,“ Mohd Dusuki said.
In addition, Mohd Dusuki said the three applicants are not parties to the application for a gag order and do not have any right to raise objections against the application.
“Under any circumstances, the applicants in this application are prohibited from discussing issues in the judicial review application in the Dewan Rakyat based on Rule 23(1)(g) and Rule 36(2) of the Standing Orders of the Dewan Rakyat,“ he said.
On Jan 22, the three MPs, as applicants, filed a motion seeking leave to be represented by Tan Sri Azhar Azizan Harun, PAS secretary-general Takiyuddin Hassan, and Zulkifli Nordin to hold watching brief in Najib’s application for a judicial review.
On Jan 6, in a majority 2-1 ruling, the Court of Appeal remitted the case to the High Court for a hearing on its merits after allowing Najib’s appeal against the High Court’s dismissal of his application for leave to initiate judicial review.
Najib, 71, is seeking a mandamus order to compel the respondents to confirm the existence of the additional document, dated Jan 29, 2024.
He has named 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 (Law and Institutional Reform), the Director General of the Legal Affairs Division in the Prime Minister’s Department, and the Government of Malaysia as respondents.
The former Pekan MP is also seeking an order that, if the additional document is found to exist, all or any of the respondents be compelled to act on it and promptly transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence under house arrest.
On July 3 of last year, High Court Judge Datuk Amarjeet Singh, who dismissed Najib’s application for leave to initiate a judicial review, ruled that the four affidavits supporting his claims, including from Umno president Datuk Seri Dr. Ahmad Zahid Hamidi and vice president Datuk Seri Wan Rosdy Wan Ismail, were deemed as hearsay and therefore inadmissible.
Najib, who has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for embezzling RM42 million from SRC International Sdn Bhd, filed a petition for a royal pardon on Sept 2, 2022.
The High Court had previously sentenced him to 12 years in prison and imposed a fine of RM210 million, which was subsequently upheld by both the Court of Appeal and the Federal Court.
However, the Pardons Board later halved Najib’s prison sentence to six years and reduced his fine to RM50 million.
