Najib to file contempt proceedings against ex-AG
Former prime minister Najib Abdul Razak will file to cite former attorney-general (AG) Ahmad Terrirudin Mohd Salleh for contempt by Friday.
Najib’s lead defence counsel Muhammad Shafee Abdullah today revealed this to the media during a press conference at the Palace of Justice at Putrajaya.
Summary
Former prime minister Najib Abdul Razak’s legal team will file an application to cite former attorney-general Ahmad Terrirudin Mohd Salleh for contempt of court by Friday.
Najib’s lawyer Shafee Abdullah claimed that Ahmad Terrirudin Mohd Salleh had been dishonest about the government’s knowledge of the addendum which ordered Najib to serve the remainder of his jail sentence under house arrest.
Former prime minister Najib Abdul Razak will file to cite former attorney-general (AG) Ahmad Terrirudin Mohd Salleh for contempt by Friday.
Najib’s lead defence counsel Shafee Abdullah today revealed this to the media during a press conference at the Palace of Justice at Putrajaya.
Shafee said it was due to Terrudin (above) allegedly not revealing the existence of a royal addendum ordering Najib to serve the remainder of his six-year jail term under house arrest.
The lawyer noted that Terrirudin, who is now a federal court judge, was being dishonest about the government having knowledge of the addendum.
Shafee pointed out that the truth was revealed when Prime Minister Anwar Ibrahim on Jan 11 broke silence on the issue by saying that the supplementary decree was handed to the previous AG, namely Terrirudin.
The addendum supplemented the Pardons Board’s commutation of Najib’s sentence, which was reduced from 12 years’ jail and RM210 million fine to six years and RM50 million respectively.
The lawyer noted that during Terrirudin’s tenure as AG last year when Najib filed the judicial review in the Kuala Lumpur High Court seeking the enforcement of the addendum, the Attorney-General’s Chambers (AGC) objected to the civil action.
Duty of candour
Shafee pointed out that AGC officers informed the civil court that the onus was on Najib’s legal team to prove the addendum’s existence as to do otherwise would amount to hearsay claims.
"The contempt as you know is because we now know from the PM’s statement that the former AG received the addendum and he somehow handed it over to the current Agong.
"We are saying that is wrong because the addendum is already a decree of a (previous) Agong.
"The next thing to do is to just enforce the addendum rather than to pass it around to the next Agong because what would the next Agong do? He cannot be the enforcer of the addendum.
"When it comes to judicial review, there is a duty of candour, they call it, the duty of candour because in judicial review, apart from everything else, is also a mechanism of investigation. Because this is to make the government accountable.
“There must be candidness and candour, they cannot play hide and seek,” Shafee said about the AGC which represented the federal government in opposing Najib’s judicial review.
The lawyer noted that Najib's defence team had served a show cause letter on Terrirudin, which the federal court judge denied being guilty of as the judicial review last year was still at the leave stage.
Second pardon bid
During the same presser this afternoon, Shafee said he is mulling whether to file a second pardon application to the current Agong for Najib.
The lawyer said while the defence team has not filed a second pardon bid so far, he is contemplating it.
However, Shafee said any final decision on a second pardon bid is dependent on it not prejudicing Najib's current civil court action linked to the alleged royal addendum on house arrest.
The Court of Appeal this year granted leave for Najib to commence the judicial review, leading to the matter being remitted to the High Court for a hearing of its merits.
If Terrirudin is found guilty of contempt, he may be jailed or fined.
Najib's jail sentence is in relation to the RM42 million SRC International abuse of power, criminal breach of trust and money laundering case.
