The Attorney General’s belated admission after 527 days that a Royal Addendum exists – decreeing former Prime Minister Najib Razak should serve his sentence under house arrest – has sparked outrage, with senior lawyers warning that this debacle is a ticking time bomb for the Madani government, creating the impression it has something to hide.
PUTRAJAYA, 10 July – It took the Attorney General’s Chambers (AGC) 527 days to finally admit what many Malaysians had suspected: that a Royal Addendum signed by the then Yang di-Pertuan Agong, now Sultan of Pahang, did indeed decree for former Prime Minister Datuk Seri Najib Razak to serve the remainder of his sentence under house detention.
The belated admission has triggered widespread criticism, with senior lawyers cautioning that the government’s prolonged silence on the addendum risks becoming a ticking time bomb for the Madani administration, fuelling public perception that it has something to hide.
“If the AG had confirmed its existence from the start, this judicial review would have been heard by the High Court much earlier,” Shafee submitted before a three-member bench chaired by Chief Judge of Malaya, Tan Sri Hasnah Hashim. Also presiding were Justices Datuk Zabariah Yusof and Datuk Hanipah Farikullah.
Denying The Existence Of The Royal Addendum
Yesterday, in proceedings before the Federal Court, Shafee argued that the AG’s refusal to acknowledge the existence of the addendum had resulted in unnecessary delays and injustice to Najib.
At the previous hearing on 02 July, AG Tan Sri Ahmad Terrirudin Mokhtar finally conceded the existence of the addendum order but disputed its validity (see screenshot below). The order, dated 29 January 2024, was issued alongside the royal pardon that halved Najib’s prison sentence and reduced his fine.
Shafee said Najib’s legal team had been sent “from pillar to post” by various government respondents who refused to confirm the addendum’s existence, forcing the former premier to rely on affidavits by UMNO president and Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi and Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail, based on what they saw on the phone of Minister of Investment, Trade and Industry Tengku Datuk Seri Zafrul Aziz.
Najib, who is serving a reduced six-year sentence for a separate SRC International case, filed his judicial review leave application in April last year. The High Court dismissed it in July 2024, calling it speculative and a “fishing expedition”, while ruling the AG had no duty to disclose the addendum at that stage.
A Tragedy
“The High Court judge said the AG had no duty of candour, which is a tragedy,” Shafee told the Federal Court, emphasising that the AG was also guilty of not enforcing the royal decree.
During yesterday’s hearing, senior federal counsel Shamsul Bolhassan confirmed that AG Dusuki Mokhtar had indeed admitted to the addendum’s existence in his submissions on 02 July. Chief Judge Tan Sri Hasnah Hashim remarked that this rendered the question of adducing fresh evidence no longer an issue.
However, Shamsul argued that the appeal was not merely academic as the legal criteria for fresh evidence had not been met, maintaining the AGC’s earlier written submissions.
The Federal Court reserved judgment and will inform parties of the decision date soon.
Lawyers Demand Accountability
Many senior lawyers have described the AG’s refusal to disclose the addendum earlier as bordering on contempt of royal authority, arguing that the AG has a constitutional duty of candour to uphold and implement decrees issued by the Yang di-Pertuan Agong.
Senior lawyer and social activist Kamarudin Ahmad said, “This belated admission by the AG’s Chambers after nearly two years raises serious questions about whether the rule of law was upheld or undermined in Najib’s case. Finally after years of upheaval, Najib gets the justice that he deserves … and some heads must roll over the Titah Addendum fiasco.”
Senior Syariah lawyer Datuk Dr Mohd Zaidi Md Zain said, “It is shocking that it took over 500 days for the AG to admit what the public deserved to know from day one. Justice delayed is justice denied.”
He added that from an Islamic perspective, delaying justice or withholding rights is a grave wrongdoing, quoting:
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice.”
(Surah An-Nisa, 4:58)
“This verse reminds us that justice is a trust (amanah) and delaying it, especially for political reasons, is an oppression against the individual and a betrayal of public trust,” he said.
Immediate Execution of Royal Addendum
For Najib and his supporters, however, the AG’s belated admission may strengthen their call for the immediate execution of the Royal Addendum.
Among his supporters, frustration is mounting. Tiktoker Pah Merah said: “Tahanan rumah je pun, bukan bebas sepenuhnya. Adakah kerajaan terkini takut dijatuhkan jika Najib main FB di rumah? Pelik betul. “It’s only house arrest, not absolute freedom. Is the current government afraid it will fall if Najib posts on Facebook from home? It’s so baffling.”
For Najib and his camp, the AG’s admission only reinforces their demand that he be allowed to return home under house detention as decreed by the King. – NMH
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
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