PUTRAJAYA: The Attorney General's Chambers (A-GC) is not disputing the existence of the royal addendum, which would allow Datuk Seri Najib Razak to serve the remainder of his prison sentence under house arrest. 

Senior Federal Counsel Shamsul Bolhassan argued that the A-GC is instead challenging the procedure through which this decree is being submitted as new evidence in Najib's judicial review application at the High Court. 

He said this in his submissions to persuade the Federal Court to dismiss Najib's judicial review to compel the government to confirm the royal decree's existence and to implement its order.

"Whatever the procedure may be, it must be followed when introducing new evidence," Shamsul said. 

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The new evidence refers to an affidavit filed by Najib's son, Datuk Mohamad Nizar, which included a copy of the addendum decree he received from the Office of His Royal Highness the Sultan of Pahang, but he was prohibited from using the letter without the Sultan's consent. 

Shamsul was responding to a question from Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, who headed the three-judge Federal Court panel, alongside Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. 

Meanwhile, Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, argued that the A-GC should not claim the decree is speculative at the leave stage of a judicial review if it truly embraces the principles of honesty, transparency, and openness. 

"We are suffering a double blow.

"This is truly a tragedy for us, as the responsibility to be honest, transparent, and open does not lie with us, we have always been forthright," he said. 

The senior lawyer said the obligation to be truthful in this judicial review does not require his client to procure a copy of the addendum decree. 

He said it is the Attorney-General's responsibility to confirm or deny the existence of the addendum decree at the leave stage if they dispute its existence. 

"The question of whether the addendum decree was not obtained with reasonable diligence during the High Court proceedings is irrelevant, as the affidavit maker for the respondents clearly affirmed that they were not in a position to obtain a copy of the decree due to its secrecy at the time. 

"The respondent also argued that he had made reasonable and diligent efforts to verify the existence of the document," Shafee said. 

Shafee said the document was only obtained after the decision was made by the applicant's son, Datuk Mohamad Nizar, and it came with a condition that it could not be used without the palace's permission. 

The lawyer stressed that this restriction was significant, as even though Najib had the addendum decree in hand, he was not legally or ethically free to use it until consent was granted. 

He said after obtaining the palace's consent on Dec 2, 2024, Najib immediately filed to include the new evidence in court, and this prompt action showed that there was no undue delay once the document became usable. 

"In fact, one could say that Najib has fulfilled his responsibilities beyond what is legally required to assist this court," he added. 

On Jan 6, a three-member Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib's application to adduce additional affidavits to support his application. 

Najib, 71, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024. 

He is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. 

The High Court had sentenced him to 12 years in prison with a fine of RM210 million, a verdict that was subsequently upheld by the Court of Appeal and the Federal Court. 

However, his prison sentence was halved to six years and his fine reduced to RM50 million following his petition for a royal pardon in February last year.