The High Court has granted Datuk Seri Najib Razak the opportunity to present his objections through his legal team against the Malaysian Bar's lawsuit aiming to declare his partial pardon unlawful, citing public interest as the basis for this decision.
The court session today focused on the Malaysian Bar's request for judicial review to challenge the Federal Territories Pardons Board's decision that reduced Najib's 12-year imprisonment and RM210 million fine.
After the Malaysian Bar's attorneys presented their case, Najib's lead defence lawyer, Tan Sri Muhammad Shafee Abdullah, entered the courtroom midway and requested the court's permission to articulate his client's perspective on the matter. High Court judge Datuk Ahmad Kamal Md Shahid, after considering inputs from all parties, including the Malaysian Bar and the Attorney General’s Chambers, remarked that this stage of the judicial review generally involves only the applicant (the Malaysian Bar) and the Attorney General.
The judge elaborated that the respondents named by the Malaysian Bar, the Federal Territories Pardons Board and Najib typically only participate if the court grants leave for the judicial review to proceed to a substantive hearing. However, in this unique instance, Najib's request to be heard as a putative respondent was considered.
Judge Ahmad Kamal acknowledged the significance of public interest in this case. He referenced a precedent involving Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, who was permitted to present his views at the leave stage due to the potential impact on him. Consequently, the judge exercised his discretion to allow Najib to be present and make submissions as a putative second respondent at this preliminary stage.
This decision permits Shafee to represent Najib's interests at the leave stage, including voicing objections to the Malaysian Bar's application for judicial review. Shafee argued that Najib should be allowed to intervene as the lawsuit directly affects him. He contended that the Malaysian Bar's challenge lacks proper authorization.
Shafee also cited a previous case involving Zahid, where he was allowed to participate in the leave stage because the outcome could directly impact him. The Malaysian Bar must obtain the court's permission to proceed with its challenge against the Pardons Board's decision. Failure to secure leave will prevent the lawsuit from advancing.
Earlier, former Malaysian Bar president Zainur Zakaria, representing the Malaysian Bar, stated that they were not obliged to inform Najib about the lawsuit at this stage, as he had no right to be present unless leave was granted. Zainur emphasized that court rules clearly indicate Najib can only join the lawsuit if the court grants leave, urging the court to reject Najib's request to intervene at this point.
Senior federal counsel Ahmad Hanir Hambaly Arwi left the decision to the court's discretion regarding Najib's participation at the leave stage as a putative respondent.
After deciding in Najib's favor, the judge granted additional time for all involved parties, the Malaysian Bar, the Attorney General’s Chambers, and Najib, to file further documents supporting their arguments. The court scheduled the continuation of the Malaysian Bar's leave application hearing for September 18, with an additional tentative hearing date set for September 23 if required.
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