• 7 hours ago
Datuk Seri Najib Razak plans to take legal action against former Attorney General Tan Sri Ahmad Terrirudin Mohd Salleh for contempt of court, accusing him of concealing a royal addendum order that purportedly allows Najib to serve his prison sentence under house arrest.

Najib's lead counsel, Tan Sri Muhammad Shafee Abdullah, announced his client's instructions to file the contempt action against Ahmad Terrirudin, who now serves as a Federal Court judge.

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Transcript
00:00I have got instructions from Dato' Sri Najib to file an action for contempt of court against
00:16the former Attorney General, who is now Tan Sri Tererudin, who now sits in the federal
00:25court.
00:26This contempt action will be filed, we think by tomorrow, latest by Friday.
00:36The papers are ready but we want to go through it carefully.
00:41That's number one.
00:43Number two, with regards to the addendum, the due date is the 6th of March for them
00:53to reply by way of affidavit.
00:56Although they promised that they will reply within a week of last week, but nothing has
01:02been filed by the Attorney General's chambers yet.
01:05But they have got their right to file until the 6th.
01:11The next one is the gag order, which was applied for by the Attorney General in the addendum
01:17case and that was filed on the 20th of January 2025.
01:24We have replied on the 5th of February 2025.
01:32Both of these are awaiting dates for us to argue.
01:37One is on the substantive matter in the addendum, the other is on the application of the gag
01:44order.
01:46That's it.
01:47Any questions?
01:48Well, the contempt, as you know, is because we now know from the Prime Minister's statement
02:02that the addendum was received by the Attorney General, the former Attorney General.
02:10He then somehow had handed over that addendum to the current Yang di-Pertuan Agung.
02:19We are saying that is wrong because the addendum is already a decree of a Yang di-Pertuan Agung.
02:27The next thing to do is to just enforce the addendum rather than to pass it around to
02:36the next Yang di-Pertuan Agung because what would the next Yang di-Pertuan Agung do?
02:41He can't be the enforcer of the addendum.
02:45Number two is because we feel that it is not candid or honest on the part of the former
02:55Attorney General because when we appeared before the High Court Judge, Justice Amarjid,
03:03there was total silence.
03:06In fact, they challenged us by saying that proof that the addendum actually exists, otherwise
03:12it is hearsay.
03:14So you imagine, if you have the addendum, you have seen the addendum, you can't be instructing
03:20your officers to say that you object because there is no proof that the addendum exists
03:25because we are not talking about a normal litigant, we are talking about the Attorney
03:32General, the former Attorney General, who actually is a fountain of justice and when
03:39it comes to judicial review, there is a duty of candour, they call it, duty of candour
03:47because judicial review apart from everything else is also a mechanism of investigation
03:56because this is to make government accountable.
04:01So when we file making an allegation, the government must be stating things in total
04:09candidness and candour.
04:11They cannot play hide and seek, they cannot say you prove, if you cannot prove, I won't
04:17do it because you are not an ordinary litigant, you are the government itself.
04:23So in view of that, we are saying there is contempt and then we will serve it on him
04:28and then it is up to him to enter and defend himself or through somebody else.
04:35We have, by the way, issued him with a show cause letter much, much earlier.
04:41He has replied saying that he is denying that he is guilty and he reiterated the position
04:49that it was only a leave stage, he doesn't have a duty to disclose.
04:58So that makes it, as far as I am concerned, a worse position.

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