Investment, Trade and Industry Minister Tengku Zafrul Abdul Aziz today said there are factual errors in Ahmad Zahid Hamidi’s affidavit supporting Najib Abdul Razak’s attempt to have his remaining jail sentence served under house arrest.
Zafrul said in a statement uploaded to Facebook that he would be obtaining legal advice and writing to the High Court to correct the errors.
“I will be taking steps to obtain appropriate legal advice and seek to write to the High Court to ask for permission or leave to file an affidavit to correct certain factual errors contained in the affidavit in question.
“I take no position in so far as the merits of the ongoing dispute is concerned but I merely wish to ensure that the factual record is properly reflected and recorded so that all parties and in particular the High Court is properly appraised of all material facts,” he said.
Zafrul added that correction of the errors will ultimately lead to a fair decision for all parties.
However, Zafrul did not reveal what were the errors in the affidavit.
In an immediate response, the Attorney-General's Chambers (AGC) said it would bring the matter to the court’s attention.
Earlier today, Zahid in an affidavit backed Najib’s claim of a supplementary royal order concerning the latter’s house arrest.
Zahid claimed that on Jan 30, Zafrul had informed him of the addendum order dated Jan 29 during a meeting at his house at Country Heights.
On April 4, Najib’s lead counsel Muhammad Shafee Abdullah told the media that a “critical witness” was set to file an affidavit to support Najib’s judicial review seeking to serve house arrest for the remainder of his six-year jail sentence over the RM42 million SRC International corruption case.
Najib is seeking leave to commence the judicial review for implementation of an alleged addendum by the Yang di-Pertuan Agong linked to the partial pardon that halved his jail sentence to six years and discounted his fine from RM210 million to RM50 million.
‘Why ministers keeping mum?’
Besides Zafrul, Umno Youth chief Dr Muhamad Akmal Saleh responded to Zahid’s support of Najib’s claim by calling it “good and very positive news”.
However, he said that two ministers in the cabinet, namely Home Minister Saifuddin Nasution Ismail and Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said should have knowledge of the matter.
He questioned if the two ministers had other intentions if they were not going to verify the existence of the memorandum in court.
Citing Shafee’s April 17 statement, Akmal said that the critical witnesses who will be called into court to swear an affidavit to support Najib’s application for a house arrest include:
the home minister;
the prisons commissioner-general;
the attorney-general;
the Federal Territories Pardons Board;
the minister in the Prime Minister’s Department (law and institutional reform); and
the director-general of Legal Affairs Division in the Prime Minister’s Department.
“Looking at the list, there are two cabinet ministers who should know and be aware of what has been stated by the (Umno) president.
“Therefore, it should not be an issue or any doubt for them to verify it as required unless there is another intention. I request the responsible party to answer this question,” Akmal said.
Royal addendum for house arrest
According to Najib’s affidavit in support of his judicial review, the former Pekan MP claimed that the king’s main royal order allowing the partial pardon was accompanied by a supplementary royal order containing the house arrest provision.
The former Umno president is seeking a court order to compel the home minister, the attorney-general, the Pardons Board, the federal government, and a few other respondents to confirm this alleged addendum in the partial pardon.
According to a copy of the judicial review bid, Najib claimed that the Agong issued the addendum on Jan 29, the same day as the main partial pardon order.
Najib is seeking a court order to compel the respondents to not only confirm the royal addendum but also to “forthwith remove the applicant from Kajang prison facility to his known residences in Kuala Lumpur, where the applicant would continue to serve his imprisonment sentence under house arrest.”
Najib also seeks a mandamus order to compel the respondents to provide the original version of the royal addendum, costs, and any other relief deemed fit by the court.
He claimed in his affidavit to support the judicial review that his rights had been adversely affected and infringed upon by the respondents in ignoring his inquiries over the alleged royal addendum.
The respondents’ disregard of his request constituted a direct intrusion of his basic rights under the Federal Constitution and also amounted to direct contempt of the Agong, he added.
Najib further alleged that the respondents are trying to conceal the existence of the alleged royal addendum.
On March 4, Home Minister Saifuddin Nasution Ismail assured that Najib is not on the list of prisoners who will be serving time under house arrest.
The minister told Malaysiakini that only prisoners serving less than four years of jail time, senior citizens, pregnant women, and people with disabilities will be on the home detention list.
“Najib is not included in that list,” he said. - Mkini
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