Najib Abdul Razak has objected to the government's application for a gag order over his judicial review linked to an alleged royal addendum allowing him to serve house arrest.
The former prime minister's legal team from Shafee & Co filed his affidavit two days ago to object to a bid by the government’s representatives from the Attorney-General’s Chambers (AGC) to prevent media reporting on his civil action.
In the affidavit sighted by Malaysiakini, Najib pointed out that there is no immediate risk to fair trial or Malaysia’s national security if the case is reported for public dissemination and discussion.
“No one has affirmed an affidavit claiming threat to national security with sufficient evidence to support the same,” the former Pekan MP pointed out in the filing made at the Kuala Lumpur High Court.
Najib also contended that the publicity or critical and informed discussion of a case cannot automatically amount to serious prejudice to a legal proceeding, noting that the AGC can always initiate criminal or civil proceedings against anyone making seditious or libellous statements against the royal institution.
“So far, there are no reports that any actions have been taken towards any person committing such acts, therefore there is no immediate risk or threat to the royal institution,” Najib said.
He contended that his judicial review is meant to preserve the royal institution and any royal decree, claiming that it is the federal government and other respondents who are trying to prevent him from enforcing the alleged royal addendum.
Najib rubbished the AGC’s claim that public discussion of the matter could prejudice the royal institution, noting that the AGC and even the palace issued media statements during the course of the case previously.
“This suggests the existence of mature discourse and balanced reporting of the issue at hand and that the third respondent’s (attorney-general or AG) application has no foundation, rendering the risk of serious prejudice to the royal Institution far from being apparent,” Najib contended.
Application filed
On Jan 20, the government gag order application was filed on stated grounds of curtailing public statements that could question the integrity and power of the Pardons Board and the Yang di-Pertuan Agong.
According to the gag order application, the government sought to restrain any party, including the media, from publishing, broadcasting, or disseminating anything related to the ongoing judicial review.
It sought the gag order over the dissemination that could cause public discussion and speculation that trigger doubt, questioning, challenging or insulting against the prerogative of the Agong.
The government also sought the order over dissemination that could raise speculation and statements that could jeopardise the credibility and integrity of the decisions, functions and powers of the Pardons Board chaired by the Agong.
If the civil court allows the gag order, it would prevent not just the media from reporting the case but also restrain any member of the judiciary and lawyers directly dealing in the civil action from sharing with the public copies of confidential documents linked to the case.
Najib’s judicial review seeks the implementation of an alleged royal addendum allowing him to serve the remainder of his six-year jail sentence under house arrest.
Najib granted leave
Last July, the High Court denied leave for Najib to commence the judicial review on reasons that the supporting affidavits by Deputy Prime Minister Ahmad Zahid Hamidi and Pahang Menteri Besar Wan Rosdy Wan Ismail were hearsay.
However, the Court of Appeal recently reversed this ruling and granted leave to Najib’s civil action. The judge ordered the matter be reverted to the Kuala Lumpur High Court to hear the merits of the judicial review.
The appellate court also allowed Najib to rely on his son Nizar’s affidavit, whereby Nizar claimed the Pahang palace confirmed the addendum existed.
On Jan 29 last year, the Pardons Board issued royal advice for Najib’s 12-year jail sentence to be halved to six years and his RM210 million fine reduced to RM50 million.
However, the former finance minister claimed there was also a supplementary royal decree allowing him house arrest.
The sentence is in relation to the RM42 million SRC International abuse of power, criminal breach of trust and money laundering case. - Mkini
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