KUALA LUMPUR: The High Court here has dismissed an application by Tengku Datuk Seri Zafrul Tengku Abdul Aziz, who was seeking to file in his affidavit in Datuk Seri Najib Razak's application for leave to initiate judicial review, linked to a purported royal addendum order that should place Najib under house arrest.
Tengku Zafrul had wanted to file his affidavit in the main application, which he claimed would correct "factual inaccuracies" in a supplementary affidavit filed by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi in support of Najib's application.
However, Justice Amarjeet Singh dismissed Tengku Zafrul's application in an in-chamber proceeding here on Thursday (May 2).
When met by reporters, Senior Federal Counsel Ahmad Hanir Hambaly, who appeared for the Attorney General's Chambers (AGC), said that the matter was still at the ex-parte leave stage and that there was no law provision for Tengku Zafrul to insert his affidavit at this point.
"The applicant (Tengku Zafrul) can try again (in his legal action) when the court allows leave on the main application (by Najib)," he said.
Lawyer Tan Sri Muhammad Shafee Abdullah, who represented Najib, said he objected to Tengku Zafrul's application to file in the affidavit because the applicant was not a party to the main suit.
Tengku Zafrul was represented by lawyer Datuk Sunil Abraham.
On April 22, Tengku Zafrul wrote to the High Court through his solicitors from Cecil Abraham & Partners that he was seeking leave to file his affidavit, which would specifically address the averments contained in paragraph six of Ahmad Zahid's affidavit dated April 9.
In the sixth paragraph of Ahmad Zahid's affidavit, Ahmad Zahid claimed Tengku Zafrul had allegedly shown him (Ahmad Zahid) a copy of the addendum order on his (Tengku Zafrul's) phone, which he photographed or scanned from an original copy as shown to him by the former Yang di-Pertuan Agong.
On April 9, Ahmad Zahid affirmed the affidavit supporting Najib's application for leave for judicial review in his claims that a royal addendum order was granted to him along with his royal pardon.
In his document, Ahmad Zahid said that the royal addendum from the former Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, which would allow Datuk Seri Najib Razak to go under house arrest, indeed exists.
The Umno president said he was shown the document by Tengku Zafrul, the former Selangor Umno treasurer, at his (Ahmad Zahid's) house at Country Heights on Jan 30.
Najib filed the application for leave for judicial review on April 1.
He named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister at the Prime Minister's Department (Law and Institutional Reform), the director-general of the legal affairs at the Prime Minister's Department, and the government as the first through seventh respondents, respectively.
In the notice of application, Najib sought a mandamus order that all respondents or one of them answer and verify the existence of the addendum order dated Jan 29.
Najib is seeking a mandamus order stating that if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from the Kajang Prison to his residence in Kuala Lumpur, where he would serve his remaining sentence under house arrest.
Justice Amarjeet has fixed June 5 to deliver his decision on Najib's leave application.
