MALAYSIA: The Malaysian government has applied to the Federal Court to challenge the Court of Appeal’s recent decision allowing Datuk Seri Najib Razak to proceed with a judicial review. This review is related to his request to serve the remainder of his prison sentence under house arrest.
Seeking legal clarity
The Attorney-General’s Chambers (AGC) confirmed that the application was submitted on Feb 4. The AGC stated that the Court of Appeal’s decision was made through a split ruling, with differing opinions among the judges. The AGC believes an appeal to the Federal Court is necessary to ensure a clear and definitive interpretation of the law.
“The AGC believes that this step is not only important to ensure justice in this case, but also to uphold the principle of rule of law and clarify the interpretation for the benefit of all parties,” the AGC said in a statement published in MalayMail.
Court of Appeal’s split ruling
Last month, the Court of Appeal ruled 2-1 in Najib’s favour, allowing him to proceed with his judicial review, MalayMail reported. Justices Firuz Jaffril and Azhahari Kamal Ramli stated that the new evidence Najib presented overruled the High Court’s earlier decision, which had dismissed his case as hearsay. They noted that Najib obtained a copy of an addendum order from the former Yang di-Pertuan Agong after his High Court hearing in July.
However, Justice Azizah Nawawi disagreed, maintaining that a mandamus order could not be issued against the pardons board. She also pointed out that the board was not legally required to confirm or disclose the existence of such an order.
Background of Najib’s legal battle
Najib’s legal team contends that a supplementary order from the former king permits him to serve the remainder of his six-year prison sentence under house arrest. The High Court had previously dismissed Najib’s application for leave to commence judicial review proceedings, leading to the appeal.
The Court of Appeal’s majority ruling allowed Najib to adduce additional evidence to support his claim of the existence of such an addendum. This ruling means that Najib is permitted to have the merits of his judicial review heard by the High Court.
Implications of the law’s interpretation
The government’s decision to appeal the Court of Appeal’s ruling in Datuk Seri Najib Razak’s case underscores the importance of legal clarity and certainty in Malaysia’s judicial system. As the case progresses towards the Federal Court, the outcome will likely have significant implications, not only for Najib’s legal battle but also for the broader interpretation of laws relating to judicial reviews and the role of the pardons board.
The Federal Court’s ruling will ultimately provide much-needed guidance on these critical legal questions, ensuring that justice is served while upholding the rule of law in Malaysia.