How can Najib sign affidavit in Putrajaya when he was in Sabah?

Former top cop Mat Zain Ibrahim has lodged a police report on how former prime minister Najib Abdul Razak was able to sign an affidavit dated May 7, 2018, in Putrajaya, two days before the 14th general election, when he was reported to be in Sabah.

Mat Zain lodged his report on June 27 and he highlighted this to the judge of the High Court in Kuala Lumpur, Justice Mohd Zaki Abdul Wahab, who had struck out his suit against Najib on July 6.

The former Kuala Lumpur CID chief told Malaysiakini that he wondered how Najib could affirm an affidavit dated May 7 in Putrajaya and delivered to his lawyer at his office before 5pm, that same day, when Najib had arrived from a flight from Sabah at 7.30pm that same day.

"It is impossible for Najib to affirm the affidavit that day in Putrajaya when he was still in Kota Kinabalu, Sabah," Mat Zain said, adding that all the details were in his police report.

"While I respect the decision of the court on Friday (July 6), I say it was wrong for the judge not to consider the police report that was lodged, which was put before him before he made his decision. I must say that the judge had erred in his judgment.

"He has sent a very wrong signal. As if the prime minister or caretaker PM can make any false affidavit and they would be accepted by the courts. For this reason, I have instructed my lawyer to file an appeal," he told Malaysiakini.

Najib's affidavit in support of the striking out application was witnessed by a Putrajaya based commissioner of oaths.

The police report sighted by Malaysiakini shows Mat Zain having appended copies of media reports from Malaysiakini, Sinar Harian, Astro Awani and Star Online showing Najib posing in front of budget airline Air Asia at the Kota Kinabalu airport. with the words painted in BN's colours "Hebatkan Negaraku" on May 7.

Mat Zain's lawyer Adnan Ismail brought his client's police report to the attention of Justice Zaki on July 2.

On July 6, Najib managed to strike out the suit brought by Mat Zain following the former prime minister's questionable oath of office in 2009.

This is on the grounds that the suit is frivolous, and an abuse of the court process.

The former top cop, who was the investigating officer in Anwar Ibrahim's 'black eye' incident, had produced the transcript of Najib's oath-taking ceremony.

The 2009 oath, according to Mat Zain, reads:

Saya Muhammad Najib bin Tun Haji Abdul Razak setelah dilantik memegang jawatan Perdana Menteri sesungguhnya bersumpah bahawa saya akan menunaikan kewajipan-kewajipan jawatan itu dengan jujur dengan segala daya upaya saya, bahawa saya akan menumpahkan kepercayaan dan taat setia yang sebenar kepada Malaysia, dan akan memelihara dan akan melindungi dan mempertahankan perlembagaan.

The oath as contained in the sixth schedule of the Federal Constitution reads:

Saya Muhammad Najib bin Tun Haji Abdul Razak setelah dilantik memegang jawatan Perdana Menteri sesungguhnya bersumpah bahawa saya dengan jujur akan menunaikan kewajipan-kewajipan jawatan itu dengan segala daya upaya saya, bahawa saya akan menumpahkan taat setia yang sebenar kepada Malaysia, dan akan memelihara dan akan melindungi dan mempertahankan perlembagaan.

Mat Zain pointed out the words “dengan jujur” (with honesty) were only said after the words “menunaikan kewajipan-kewajipan jawatan itu” (carry out the obligations of the post) and not before. He also claims that Najib added the words “kepercayaan dan” (trust and) before “taat setia” (loyalty)

The former senior police officer said it is important to take the oath properly. He cited how former United States president Barack Obama had to retake his oath of office when it was discovered that he had done it wrongly the first time.

Mat Zain filed a notice last Friday (July 20), appealing the High Court decision at the Court of Appeal. - Mkini