KUALA LUMPUR: A "crucial witness" is expected to support Datuk Seri Najib Razak's application for a judicial review to challenge the existence of an addendum order by the former Yang di-Pertuan Agong for him to serve his jail sentence under house arrest.
Najib's lawyer Tan Sri Muhammad Shafee Abdullah said the "mystery witness" would file an affidavit to support the former prime minister's application soon.
However, Shafee declined to reveal the witness' identity.
He said this when met after a hearing of the case before High Court Datuk Amarjeet Singh today.
He named the Home Minister, Prison Department commissioner general, Attorney-General (AG), Federal Territories Pardons Board, Minister in the Prime Minister's Department (Law and Institutional Reform), Legal Affairs Division director-general, and the government as respondents.
Earlier, Shafee told the court that the "mystery witness" is currently in Mecca and requested for the hearing to be postponed until April 14 when the "mystery witness" returns to the country.
The court allowed Shafee's application and ordered for written submissions to be filed by April 15.
Najib in his Jan 29 affidavit, said former Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah ordered for his jail term to be reduced to six years and his fine for the SRC International case to be reduced to RM50 million (main order).
"The King also immediately or simultaneously issued an addendum order on the same day stipulating that Najib be allowed to serve the reduced sentence of his imprisonment under the condition of home arrest instead of confinement in Kajang Prison.
"The addendum order curiously was not announced by any of the respondents when the announcement of the main order was made.
"It must be impressed that the addendum order was already in existence since Jan 29, but this anomaly was never revealed nor explained by any of the respondents," he claimed.
Najib said he later instructed his solicitors to confirm the details of the addendum order with the Attorney-General by way of a letter dated Feb 14.
The letter was copied to Prime Minister Datuk Seri Anwar Ibrahim as well as his deputy Datuk Seri Dr Ahmad Zahid Hamidi.
The existence of the addendum order and its non-enforcement was escalated to the Home Minister on March 22.
Najib has claimed that his lawyers have requested an original copy or a copy of the order from the Kajang Prison but have not received a response.
He also claimed the subsequent inaction by the Home Minister and Prison Department commissioner general to execute the said order, is irrational, unreasonable, illegal, and arbitrary and offends the Federal Constitution and laws.
Najib is currently serving a 12-year jail term after he was found guilty of abuse of power and criminal breach of trust involving RM42 million from SRC International, a former 1MDB subsidiary.
He was also fined RM210 million.