PUTRAJAYA: Tan Sri Muhammad Shafee Abdullah has read out the alleged addendum order by the former Yang di-Pertuan Agong which allowed Datuk Seri Najib Razak to serve the remainder of his jail term under house arrest.
Shafee, who is Najib's lead counsel, referred to the document while presenting his argument to adduce additional evidence in the former prime minister's appeal to reinstate his judicial review against the government to disclose the alleged addendum order.
The senior lawyer in his submission said Najib's eldest 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.
Shafee said Nizar received the document, which was a personal record of the Sultan of Pahang, explaining that this was why it did not bear the Sultan's signature.
"With this evidence, I believe we have managed to rebuke the lower court's ruling which stated the four affidavits supporting Najib's claim, including from Umno president Datuk Seri Dr Ahmad Zahid Hamidi and vice-president Datuk Seri Wan Rosdy Wan Ismail, were hearsay and inadmissible.
"Therefore, we are seeking the admission of all additional evidence so we can argue this appeal later in the spirit of transparency," he said before a three-judge panel led by Judge Datuk Azizah Nawawi.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and Federal Court.
However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon on Sept 2, 2022.
Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong.
The addendum purportedly allows Najib to serve the remainder of his prison sentence under house arrest.
Previously, the High Court dismissed the application.