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However, Wan Rosdy, who is also Pahang menteri besar, said he did not have a copy of the addendum as it was a classified document and had yet to be executed.
“I told them what Tengku Zafrul said to me earlier in the day. Even Zahid confirmed that was what Zafrul had said,” Wan Rosdy said, referring to Umno president Ahmad Zahid Hamidi.
In affirming his affidavit in support of Najib’s application for a judicial review application filed early last month, Wan Rosdy said other Umno leaders present at Zahid’s Country Heights residence in Kajang on Jan 30 were Azalina Othman Said, Johari Ghani and Ahmad Maslan.
However, the Attorney-General’s Chambers (AGC) objected to Najib’s bid to include Wan Rosdy’s affidavit in the proceedings, saying it was submitted very late in the day.
In its May 23 email to the High Court, the AGC said the Rules of Court 2012 did not permit such late filings, especially when the civil court had heard the parties’ oral submissions on April 17.
Justice Amarjeet Singh had fixed June 5 to decide whether Najib should be allowed to proceed with his application.
On May 2, Amarjeet refused to allow Tengku Zafrul to file an affidavit to “correct certain errors” over the purported supplementary order allowing Najib to serve the balance of his prison sentence under house arrest.
Senior federal counsel Shamsul Bolhassan said the court had rejected the bid on grounds that there was no legal provision for someone not a party to a judicial review to file an affidavit.
However, the court also said that Tengku Zafrul and his lawyers could try their luck again if Najib was allowed to pursue his legal challenge, Shamsul said.
In his application filed on April 1, Najib claimed that Al-Sultan Abdullah had issued the supplementary decree during the Federal Territories Pardons Board’s (FTPB) meeting on Jan 29, a day before his term ended.
Najib alleged that the addendum order was not announced by the board on Feb 2, and that the government was in contempt for not executing the supplementary decree.
Najib also said his lawyers had written to Prime Minister Anwar Ibrahim, Zahid as deputy prime minister, home minister Saifuddin Nasution Ismail, and Azalina as law and institutional reform minister to confirm whether the supplementary decree existed.
He said his legal team had received no response.
Najib wants the court to compel the government to execute the supplementary decree, if it exists, and to place him under house arrest.
Meanwhile, Zahid filed an affidavit on April 7 to support Najib’s bid, claiming that Tengku Zafrul had shown him the addendum order on his phone during their meeting.
“He showed me a copy of the said addendum order on his phone, which he took from an original copy shown to him by Al-Sultan Abdullah,” he said.
On Feb 2, the FTPB halved Najib’s prison sentence in his SRC International case from 12 years to six and reduced his fine from RM210 million to RM50 million.
Najib, 70, is currently serving his sentence at Kajang Prison and is due for release on Aug 23, 2028.
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