February 18, 2025
KUALA LUMPUR – The Attorney General has objected to the application by three MPs to participate in Datuk Seri Najib Razak’s judicial review application linked to his house arrest bid, saying there was no need for watching brief lawyers to be present.
AG Datuk Mohd Dusuki Mokhtar (pic), in his affidavit, said that watching brief lawyers were only permitted to observe the hearing and had no right to speak or present arguments.
“Any issues arising in this judicial review application are as stated in the affidavit filed under Order 53 Rule 3(2) of the Rules of Court 2012.
“Other matters raised in parliamentary debates are irrelevant to this judicial review application.
“If any constitutional issues arise during the hearing of this application, Najib’s legal counsel has the authority to argue them without requiring the presence or arguments of the applicants,” he said.
Dusuki was opposing the application by three MPs – Opposition leader Datuk Seri Hamzah Zainudin, Parti Pribumi Bersatu vice-president Datuk Seri Dr Ronald Kiandee, and PAS vice-president Datuk Seri Dr Ahmad Samsuri Mokhtar – to be observers and appoint lawyers who would be permitted to argue during the proceedings.
The MPs filed their application on Jan 22, requesting to be allowed as observers and to be represented by lawyers Tan Sri Azhar Azizan Harun, PAS secretary-general Takiyuddin Hassan, and Zulkifli Nordin, to attend every judicial review proceeding.
In the affidavit, Dusuki also said that the applicants were not parties to the gag order application filed by the government seeking to prohibit any discussion over the matters.
He said the applicants have no right to challenge the government’s application, as the merits of the gag order were not an issue to be determined in their request to be observers.
On Jan 6, Najib’s judicial review application linked to the addendum order was remitted to the High Court by the Court of Appeal for a hearing on its merits.
A case management will be held before a deputy registrar on March 11.
Najib filed the application for leave for judicial review on April 1, 2024.
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 to seventh respondents, respectively.
In the notice of application, Najib sought a mandamus order that all of the respondents or one of them answer and verify the existence of the addendum order dated Jan 29, 2024.
Najib is seeking a mandamus order where if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from Kajang Prison to his residence in Kuala Lumpur to serve his remaining sentence under house arrest.
On July 4, 2024, the Kuala Lumpur High Court dismissed Najib’s application for leave, citing hearsay in supporting affidavits. He later won his appeal at the appellate court.