PUTRAJAYA: Datuk Seri Najib Razak wants to adduce fresh evidence for his house arrest addendum appeal as his eldest son had received the document from the Istana of Pahang.
Najib's lawyer, Tan Sri Muhammad Shafee Abdullah said the former premier's son, Datuk Nizar Najib had on Dec 2 received the document from the palace under the direction of the Sultan of Pahang, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
"I cannot tell you much about it but in general, it is exactly what we know, that is Najib is to serve the balance of imprisonment sentence at home," he said.
"That was signed on Jan 29, at the same time as the main order, which halved his prison sentence from 12 years to six and reduced his RM210 million fine to RM50 million.
"So, the additional and fresh evidence will conclusively prove that it exists. When it is disclosed, you will be surprised who the (then) King had ordered to carry out the addendum order.
"But I do not want to say more because there is a kind of protective order in place now. We leave it to the government to determine if the addendum is true or not.
"We are confident that it is 120 per cent true and accurate. Even without this new evidence, we still have a strong case," he said after proceedings today.
In 2020, Najib was sentenced to 12 years in jail and fined RM210 million after he was found guilty of all seven charges related to the misappropriation of RM42 million of SRC International funds.
Asked why information on the addendum was not included earlier when Najib initiated a judicial review at the Kuala Lumpur High Court, Shafee said he felt that the Ruler did not want to enter into any public controversy.
"So he, in the greatest respect, remained aloof but things have gone too far and it is going to be one year since the addendum was passed.
"And it is not fair to Najib if there was such as order," he said.
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.