KUALA LUMPUR: Tengku Datuk Seri Zafrul Abdul Aziz's bid to intervene in the judicial review initiated by Datuk Seri Najib Razak, challenging the validity of the former Yang di-Pertuan Agong's addendum order purportedly granting a house arrest order, is set to be heard on Thursday.
The Minister of Investment, Trade, and Industry has filed an application to intervene in order to submit an affidavit addressing factual inaccuracies found in an affidavit filed by his superior, Datuk Seri Dr Ahmad Zahid Hamidi, in support of Najib's application.
Najib's lawyer Muhammad Farhan Muhammad Shafee confirmed this when contacted.
On April 22, Tengku Zafrul via law firm Cecil Abraham & Partners wrote to High Court Judge Datuk Amarjeet Singh's office to seek permission to file an affidavit to specifically address the allegations contained in paragraph six of Zahid's affidavit.
"There are factual inaccuracies which ought to be corrected pursuant to the inherent jurisdiction of this honourable court and/or pursuant to Order 92 Rule 4 of the Rules of Court 2012.
"For the record, we are further instructed by our client to state that our client takes no position as to the merits of the dispute between the parties.
"Our client merely wishes to ensure that the facts are accurately placed before this honourable court in a neutral manner," the letter said.
On April 17, Zahid who is also Umno president filed an affidavit to support Najib's judicial review application to compel the government to produce the addendum order.
The Bagan Datuk member of parliament claimed the document was shown to him by Tengku Zafrul at the former's house near Country Heights on Jan 30.
He said Tengku Zafrul showed him a copy of the addendum order on his phone which he personally photographed or scanned from an original copy as shown to him by the former King, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
On Jan 29, Najib, the former Pekan member of parliament filed an application to compel the government to produce the impugned document which he said was not revealed by the authorities.
He named the Home Minister, Prison Department commissioner general, Attorney-General (AG), Federal Territories Pardons Board, Minister in the Prime Minister's Department (Law and Institutional Reform), Legal Affairs Division director-general, and the government as respondents.
Najib said he later instructed his solicitors to confirm the details of the addendum order with the AG by way of a letter dated Feb 14.
The existence of the addendum order and its non-enforcement was escalated to the Home Minister on March 22.
Najib has claimed that his lawyers have requested an original copy or a copy of the order from the Kajang Prison but has not received a response.
He also claimed the subsequent inaction by the Home Minister and Prison Department commissioner general to execute the said order, is irrational, unreasonable, illegal, and arbitrary and offends the Federal Constitution and laws.
Najib is currently serving a 12-year jail term after he was found guilty of abuse of power and criminal breach of trust involving RM42 million from SRC International, a former 1MDB subsidiary. He was also fined RM210 million. - NST
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