The High Court today denied Najib Razak's request to begin a judicial review against the government in order to demand the revelation of an amendment allegedly granted by the former Yang di-Pertuan Agong, permitting him to be placed under house arrest.
Judge Amarjeet Singh stated that there is no disputable case that requires judicial review to be heard.
Shafee Abdullah, who represented Najib as a lawyer, informed the court that they would file an appeal against the ruling.
The judge ruled that the affidavits submitted by Najib, Umno President Zahid Hamidi, and Vice President Wan Rosdy Wan Ismail were hearsay.
In his affidavit, Zahid stated that Tengku Zafrul Abdul Aziz showed him a copy of the alleged addendum document on his phone during the meeting, according to Free Malaysia Today.
Meanwhile, Wan Rosdy said that Tengku Zafrul informed him that the certificate was issued by the Agong of the time, Sultan Abdullah Sultan Ahmad Shah.
According to Amarjeet, Najib's affidavit simply stated the existence of the supplemental order and did not explain the source of the information. "I found the applicant's affidavit, at best, just hearsay," Amarjeet added, noting that Zahid and Wan Rosdy's sworn declarations had the same fault.
The court further stated that the three relied on Tengku Zafrul as their source' of information. "However, the source (Tengku Zafrul) did not swear an affidavit on Najib's behalf, and no reason was provided. "He is available but not used," Amarjeet explained.
The court had denied Tengku Zafrul's request to file an affidavit to 'address several flaws' in the addendum order.
The court found that there is no legal framework that allows non-parties to file affidavits to seek judicial review.
Earlier this year, the Federal Territories Board of Pardons lowered Najib's prison sentence in the SRC International case from 12 to six years and his punishment from RM210 million to RM50 million.
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