DPM Zahid backs existence of previous Agong's order for Najib to serve remaining sentence at home

KUALA LUMPUR, April 17 — Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi has now been revealed to be the “critical” witness who filed a testimony in support of Datuk Seri Najib Razak’s legal bid to compel the federal government and the Pardons Board to produce a purported “supplementary order” from the previous Yang di-Pertuan Agong.

In his application for leave to seek judicial review filed on April 1, Najib claimed the former King issued the order during the January 29 meeting of the board, for the former to serve the remainder of his reduced sentence under house arrest.

In court documents sighted by Malay Mail today, Ahmad Zahid's affidavit claimed that the existence of the “supplementary order” or Addendum Order had been affirmed by a fellow Cabinet member Datuk Seri Tengku Zafrul Abdul Aziz who is the Investment, Trade and Industry (Miti) minister.

Ahmad Zahid said Tengku Zafrul had affirmed the order's existence during a meeting at the former's house in Country Heights, Kajang on January 30.

“Upon querying further, he subsequently showed me a copy of the said Addendum Order on his phone which he photographed from an original copy as shown to him by His Majesty Seri Paduka Baginda Yang di-Pertuan Agong XVI.

“The contents of the Addendum Order expressly stated that the applicant be allowed to serve the reduced sentence of his imprisonment under the condition of 'home arrest', instead of the current confinement of Kajang Prison.

“I verily believe that for the sufficient period of time I sighted and read the Addendum Order, and I clearly saw the entire contents and that it forms part of the pardon process of the applicant which is supplementary to the Main Order both dated January 29,” Ahmad Zahid's affidavit that was filed on April 9 read.

Previously, Najib's lawyer Tan Sri Muhammad Shafee Abdullah said a ‘critical” witness was set to file their testimony in support of Najib's ongoing bid.

In his affidavit, Ahmad Zahid further confirmed the Addendum Order was genuine since it possessed the royal seal and signature of the former King.

Apart from Tengku Zafrul, Ahmad Zahid said he was aware of other members of the government having seen the aforementioned Addendum Order, before specifically naming Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail.

Ahmad Zahid said he does not possess a copy of the Addendum Order due to confidentiality, especially in light of the fact that it has yet to be enforced, but later confirmed a copy is within the collective possession of the respondents named, including an original version kept by the Attorney General Chambers.

Earlier, the leave hearing for Najib's application was heard in chambers before High Court judge Datuk Amarjeet Singh Serjit Singh following a request from Muhammad Shafee.

For those who filed lawsuits through judicial review applications, they will have to first get the court’s leave or permission for the lawsuit to be heard.

Subsequent to Muhammad Shafee's request, the media was barred from proceedings after the court found no objections from the Attorney General Chambers.

The court has fixed June 5 for the decision.

A total of seven respondents were named in Najib’s suit, namely the home minister, Commissioner General of Prisons, the attorney general, the Federal Territories Pardons Board, Minister in the Prime Minister’s Department (Law and Institutional Reform), the Director General of Legal Affairs Division and the Malaysian government.

In the application, Najib alleged that he received confirmation on February 12 about the issuance of the “supplementary order” or Addendum Order, which would allow him to serve his reduced prison sentence under the condition of “home arrest” instead of Kajang Prison.

On February 2, the Pardon’s Board halved Najib’s sentence from a 12-year prison term to six years for misappropriating funds amounting to RM42 million, which means he may be released earlier on August 23, 2028.

Najib has been imprisoned since August 23, 2022, after the Federal Court upheld his conviction for criminal breach of trust, power abuse and money laundering over the misappropriation of SRC International Sdn Bhd’s funds.

The Pardon’s Board said it had also decided to reduce his RM210 million fine to RM50 million, and his early release would be contingent on him paying this amount.

Other reliefs sought by Najib include for the court to compel the respondents to execute said supplementary order.