Pahang MB files affidavit backing Najib’s bid to serve jail sentence from home, claims told of Agong’s decree from Tengku Zafrul

KUALA LUMPUR, May 27 — Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail is the second person to have filed court documents to back Datuk Seri Najib Razak’s 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 had issued a decree during a January 29 meeting of the Pardons Board, for the former prime minister to serve the remainder of his reduced sentence under “house arrest”.

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.

In court documents sighted by Malay Mail today, Wan Rosdy's affidavit claimed that the existence of the “supplementary order” or Addendum Order had been affirmed to him by a fellow Cabinet member Datuk Seri Tengku Zafrul Abdul Aziz who is the minister of investment, trade and industry.

Wan Rosdy claimed Tengku Zafrul had told him of the order's existence and he subsequently relayed this to Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi during a meeting at the latter's house in Country Heights, Kajang on January 30.

Wan Rosdy also claimed Tengku Zafrul explained to him that the Yang di-Pertuan Agong XVI had decreed the applicant be allowed to serve the reduced sentence of his imprisonment immediately under the condition of “home arrest” and for the existing jail sentence to be halved.

Wan Rosdy named two ministers, Datuk Seri Johari Abdul Ghani and Datuk Seri Azalina Othman Said, as well as deputy minister Datuk Seri Ahmad Maslan as being present during the meeting.

“I affirm what has been told by Tengku Zafrul that evening (January 30) about the existence of the Addendum Order and Yang Berhormat Ahmad Zahid acknowledged the matter and said he has already been informed prior by Tengku Zafrul on the same day.

“I do not have possession of the Addendum Order on grounds of confidentiality especially since the Order has yet to be executed at the time as it should be,” Wan Rosdy said in the affidavit that was filed on May 21.

Lawyer Tan Sri Muhammad Shafee Abdullah who has been acting for Najib was the first to have filed a similar testimony backing his client’s to be moved from prison back to serve the remainder of his sentence at home.

In his affidavit filed on April 9, Ahmad Zahid confirmed the Addendum Order — relayed to him by Tengku Zafrul — was genuine since it possessed the royal seal and signature of the former King.

“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 stated.

Ahmad Zahid said he was aware of other members of the government having seen the aforementioned Addendum Order, before specifically naming Wan Rosdy.

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's Chambers (AGC).

Subsequent to Wan Rosdy's additional affidavit, the AGC filed its objections to the document's inclusion two days later on May 23.

In its objection letter addressed to court, senior federal counsel Shamsul Bolhassan urged the court to take note of its objection to the affidavit's finding as it was done far too late after parties have filed their written and oral submissions on April 17, with the court having fixed a decision date on June 5.

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.

* Editor's note: The earlier headline contained a error that has since been corrected.