Decision date in Najib’s bid for house arrest brought forward to Dec 22

KUALA LUMPUR: The decision date in the judicial review brought by Datuk Seri Najib Razak, who is seeking to serve the remainder of his prison sentence under house arrest, has been expedited to Dec 22.

High Court judge Justice Alice Loke fixed the new date in a case management conducted via Zoom here on Tuesday (Nov 25).

Senior Federal Counsel Shamsul Bolhassan confirmed the matter when contacted by the media.

In a letter sighted by The Star, law firm Messrs Shafee & Co, representing Najib, had written to High Court deputy registrar Syeela Marlina Uttaman for a reconsideration of the decision date previously fixed for Jan 5 next year.

It said that the addendum order, which purportedly allowed Najib to go under house arrest, was issued on Jan 29 last year and should have been executed by the relevant authorities on the same date.

The law firm referred to the express direction of former Chief Judge of Malaya Justice Hasnah Mohammed Hashim, who instructed that the matter be disposed of within one month when the case was brought up for appeal at the Federal Court.

“In any case, if the Federal Court order on Aug 13 is strictly adhered to, the matter in the current proceedings should be concluded by Sept 14,” it said.

Shafee & Co said Najib was a 72-year-old man who had been in custody for nearly two years since the addendum order was issued, far beyond what the order intended.

“Instead, he remains detained in prison to this day solely due to the ongoing proceedings before this honourable court.

“Every additional day spent in custody is a day of liberty that can never be returned to him,” the letter said.

It further said that Najib’s prolonged detention had caused him immense distress, trauma and a significant deterioration to his emotional and overall well-being.

On Monday (Nov 24), Justice Loke fixed Jan 5 to deliver her decision in Najib’s judicial review after hearing submissions from parties.

On Aug 13, the Federal Court upheld a 2-1 majority decision by the Court of Appeal, instructing that Najib’s judicial review application on the addendum order be remitted back to the High Court for a full hearing.

In his application, Najib named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister in the Prime Minister’s Department (Law and Institutional Reform), the director-general of legal affairs at the Prime Minister’s Department, and the government as the first to the seventh respondents respectively.

In the notice of application, Najib sought a mandamus order that all of the respondents or one of them answer and verify the existence of the addendum order dated Jan 29, 2024.

Former prime minister Najib is currently serving the sentence imposed after the High Court found him guilty of abuse of power, criminal breach of trust and money laundering in relation to RM42mil siphoned from SRC International, a former 1MDB subsidiary.

In February last year, the Pardons Board reduced his initial 12-year jail sentence and RM210mil fine to six years and a RM50mil fine.