Federal Court to Hear Leave Application to Challenge Najib’s House Arrest
Attorney-General Makes Personal Appearance in Court
Attorney-General Dusuki Mokhtar will make a personal appearance in the Federal Court today, seeking leave to appeal against a lower court ruling allowing Najib Razak to pursue a judicial review in his bid to serve the remainder of his jail term under house arrest. This marks Dusuki’s first appearance in court since his appointment as attorney-general last November.
Backing by Senior Federal Counsel and Lawyer
He will be assisted by senior federal counsel Shamsul Bolhassan and Ahmad Hanir Hambaly, while lawyer Shafee Abdullah will represent Najib.
Leave Application to Be Heard
The leave application will be heard before a three-member bench chaired by Chief Judge of Malaya Hasnah Hashim and also comprising Justices Zabariah Yusof and Hanipah Farikullah.
Certificate of Urgency Filed
In February, the attorney-general, as the custodian of public interest, also filed a certificate of urgency to expedite the hearing.
Six Legal Questions Filed
He filed six legal questions to persuade the apex court to hear the merit of the appeal and set aside the Jan 6 majority verdict by the Court of Appeal.
Section 96 of the Courts of Judicature Act 1964
Under Section 96 of the Courts of Judicature Act 1964, leave for appeal is granted only if novel constitutional or legal questions of public importance are raised for the first time.
Court of Appeal’s Split Decision
In a statement, the Attorney-General’s Chambers (AGC) said the application was made in view of differing interpretations of the law by the three-member Court of Appeal panel, which had resulted in a split decision.
Court of Appeal’s Verdict
The Court of Appeal granted Najib leave to begin judicial review proceedings to compel the government to execute a supplementary decree issued by former king Al-Sultan Abdullah Sultan Ahmad Shah. Justices Firuz Jaffril and Azhahari Kamal Ramli held that the High Court’s finding that Najib’s affidavits were based on hearsay evidence could not stand following the new evidence adduced by the former Pekan MP. They said that Najib had obtained a copy of the addendum from the Pahang ruler, who was the 16th Yang di-Pertuan Agong, after the High Court hearing in July.
Dissenting Opinion
Justice Azizah Nawawi, who chaired the Court of Appeal bench, dissented, saying the High Court was correct in ruling that a mandamus order could not be granted against the pardons board. Azizah said there was no legal provision that could make the board confirm or disclose any existence of a pardon order, including the addendum order.
Conclusion
The Federal Court’s decision on the leave application will have significant implications for the country’s justice system and the public’s understanding of the law. The Attorney-General’s move to challenge the Court of Appeal’s ruling is a testament to his commitment to upholding the rule of law and ensuring that justice is served.
FAQs
Q: What is the purpose of the leave application?
A: The leave application seeks to challenge the Court of Appeal’s ruling and have the Federal Court hear the appeal.
Q: Who is assisting the Attorney-General in the leave application?
A: Senior federal counsel Shamsul Bolhassan and Ahmad Hanir Hambaly are assisting the Attorney-General.
Q: Who will represent Najib Razak in the leave application?
A: Lawyer Shafee Abdullah will represent Najib Razak.
Q: What is the significance of the Federal Court’s decision on the leave application?
A: The decision will have significant implications for the country’s justice system and the public’s understanding of the law.