Najib files contempt proceedings against ex-AG over house arrest royal addendum order

KUALA LUMPUR: Former Malaysian Prime Minister Najib Razak has filed an application to initiate contempt proceedings against a former attorney-general for allegedly failing to reveal a royal addendum order that would allow the jailed leader to serve his remaining sentence under house arrest.

In a statement on Friday (May 23), Najib’s legal team said it filed the application against Ahmad Terrirudin Salleh, who is now a Federal Court judge, on Wednesday. 

Najib’s lawyers claim it is based on evidence that Terrirudin had knowledge of the purported addendum order issued by former king Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, who is the Pahang ruler, but had chosen to “mislead the High Court”, reported news outlet New Straits Times. 

According to the lawyers, a copy of the order, dated Jan 29, 2024, was delivered to Najib through his son Mohamad Nizar Najib and its authenticity was confirmed in writing almost a year later, on Jan 4 this year, by the Pahang Royal Council. 

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The document was personally addressed to Terrirudin, who allegedly instructed his officers to dismiss Najib’s claims as “a fishing expedition, speculative and based on hearsay evidence” when the issue was raised.

“As a public officer, the former AG (Attorney-General) owed the court a paramount duty of candour,” said the statement by Najib’s lawyers, as quoted by Free Malaysia Today. 

“A deliberate failure to do so undermines public confidence in the administration of justice, and indeed an obstruction of justice itself,” it added. 

Contempt of court refers to acts that hinder the functionality of the judiciary. 

Legal proceedings can be initiated to sanction such behaviour but prior approval – or leave – from the court is required.

Najib’s lawyers said the application for leave is a necessary first step in holding Terrirudin accountable by giving him the opportunity to respond to the allegations, The Edge reported. 

Terrirudin was appointed as a Federal Court judge in November last year and previously evaded queries from reporters on the matter of the royal addendum issued by the former king, Free Malaysia Today reported.

Najib’s lawyer Shafee Abdullah told the Court of Appeal during a hearing in January that the addendum was sent by the palace to Terrirudin on Jan 29 last year. 

Prime Minister Anwar Ibrahim confirmed in January this year that the purported addendum order was received by Terrirudin but it was sent back to the Istana Negara or National Palace after current king Sultan Ibrahim was inaugurated. 

Shafee voiced the intention to initiate contempt proceedings in February, and current Attorney-General Mohd Dusuki Mokhtar wrote to him to reconsider the move, The Edge reported.

ROYAL ADDENDUM SAGA STILL ROILING POLITICAL WATERS

Najib’s fight to serve the remainder of his jail term for corruption related to the 1Malaysia Development Berhad (1MDB) scandal at home has roiled Malaysia’s political waters.

It has sparked friction in Anwar’s unity government, which comprises four coalitions, including the one headed by United Malays National Organisation (UMNO). Najib was the former president of UMNO.

Najib began serving his prison term in August 2022 and had his sentence reduced from 12 to six years by the Pardons Board in February last year. The board also reduced his RM210 million (US$49.38 million) fine to RM50 million. 

Najib claimed that former king Sultan Abdullah had issued an order for him to be under house arrest during a Jan 29, 2024 meeting of the Pardons Board, one day before Sultan Abdullah ended his reign as Malaysia’s monarch.

In January this year, the Court of Appeal granted Najib leave to initiate judicial review proceedings to serve house arrest. The following month, however, the Malaysian government launched a challenge to the Court of Appeal ruling.

UMNO leaders aligned with Najib have called for the current king Sultan Ibrahim Sultan Iskandar to grant the jailed politician – who is still facing other 1MDB-related corruption charges in the Malaysian courts – a full pardon. 

But the unity government’s other partners opposed the move, insisting that Najib had received a fair trial.

Sultan Abdullah in February had called on all parties to “stop further discussions” regarding the royal order he had allegedly issued, stressing that the matter was before the courts and called on all parties to respect the “legal process”.   

In January, the AGC had also sought a gag order to ban public discussion of Najib’s judicial review claim that the royal addendum decree existed.