KUALA LUMPUR: A gag order will not prejudice Datuk Seri Najib Tun Razak’s ability to present his case in court but is intended to prevent prejudicial commentary and uphold the right to a fair trial.
Solicitor General Datuk Suzana Atan stated this in an affidavit sworn on behalf of the third respondent (Attorney General) in response to Najib’s affidavit objecting to the application for a gag order, which seeks to ban discussions on his application for judicial review.
The judicial review concerns Najib’s claim regarding the existence of additional documents that purportedly allow him to serve the remainder of his six-year prison sentence under house arrest.
In the affidavit filed today, Suzana noted that there have been numerous media reports, public statements, and forums involving various segments of society, including Najib’s legal representatives, discussing the subject matter of the judicial review.
“This clearly demonstrates the necessity of the gag order to ensure that the judicial review proceedings can be conducted without prejudice,” she stated.
“I assert that negative discussions, misleading assumptions, and defamatory remarks made openly within society can undermine public confidence and cause harm to the institution of the monarchy,” she stated.
Suzana further noted that ongoing media and public discourse on the matter poses a serious risk of prejudicing the ongoing legal proceedings.
“Therefore, it is appropriate for this court to consider protective measures to ensure that justice is upheld without undue interference from uncontrolled public discussions,” she said, adding that the gag order applies to all parties, including the respondents.
On Jan 20, the Attorney General’s Chambers filed the application for a gag order on the grounds that the case involves sensitive issues. The High Court has scheduled a case management hearing via e-Review on Feb 24.
On Jan 6, in a 2-1 majority decision, the Court of Appeal remitted the case to the High Court for a hearing on its merits, after allowing Najib’s appeal against the High Court’s earlier dismissal of his application for leave to commence the judicial review.
Najib, 71, filed for a mandamus order compelling the respondents to disclose and confirm the existence of an additional document dated Jan 29 last year.
He has named the Minister of Home Affairs, Commissioner General of Prisons, Attorney General, Federal Territories Pardons Board (covering Kuala Lumpur, Labuan, and Putrajaya), Minister in the Prime Minister’s Department (Law and Institutional Reform), Director-General of the Legal Affairs Division in the Prime Minister’s Department, and the Government of Malaysia as respondents.
The former Pekan MP is also seeking an order that, should the additional document exist, all or any of the respondents must enforce it and immediately transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence under home detention.
On July 3 last year, High Court Judge Datuk Amarjeet Singh dismissed Najib’s application for leave to commence a judicial review, ruling that the four affidavits submitted in support of his claim—including statements from UMNO president Datuk Seri Dr. Ahmad Zahid Hamidi and vice president Datuk Seri Wan Rosdy Wan Ismail—were hearsay and inadmissible.
Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd. He filed a petition for royal pardon on Sept 2, 2022.
The High Court initially sentenced him to 12 years in prison and an RM210 million fine, a decision upheld by both the Court of Appeal and the Federal Court during his appeals.
However, subsequently, the Pardons Board halved his prison term to six years and reduced the fine to RM50 million.
