KUALA LUMPUR: The Attorney-General's Chambers (A-GC) will refer Tengku Datuk Seri Zafrul Abdul Aziz's statement regarding the issuance of the addendum order by the previous King to Datuk Seri Najib Razak, to the court.
In a statement today, the A-GC acknowledged Tengku Zafrul's statement which was in response to another affidavit filed by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.
Zahid, in his supporting affidavit claimed Zafrul had shown him the addendum order from the former Yang di-Pertuan Agong allowing Datuk Seri Najib Razak to serve the remainder of his sentence under house arrest.
He claimed that Tengku Zafrul showed him a copy of the addendum order on his phone on Jan 30, which he personally photographed or scanned from an original copy as shown to him by the former King, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
The Rural and Regional Development minister said this in his supporting affidavit dated April 9 to support Najib's judicial review application to compel the government to produce the document.
However, the Investment, Trade and Industry minister in a statement said he would seek to file an affidavit to correct "factual errors" in Zahid's affidavit to ensure a just and fair decision to be made in the interest of all parties.
"I will seek to write to the High court to ask for permission or leave to file an affidavit to correct certain factual errors contained in the affidavit in question.
"I take no position in so far as the merits of the on-going dispute is concerned but I merely wish to ensure that the factual record is properly reflected and recorded so that all parties and in particular the High Court is properly apprised of all material facts.
"This will ultimately allow for a just and fair decision to be made in the interest of all parties concerned," he said.
Unity government spokesman, Fahmi Fadzil, said the cabinet meeting today did not discuss the addendum order and said the matter was not on the agenda.
According to the affidavit, Zahid said he did not have a copy of the impugned document but that others including the Attorney-General and Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail had sighted the addendum order.
On Jan 29, Najib, the former Pekan member of parliament filed an application to compel the government to produce the impugned document which he said was not revealed by the authorities.
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.
Najib claimed that his lawyers had requested an original copy or a copy of the order from the Kajang Prison but had not received a response.
He also claimed the subsequent inaction by the Home Minister and Prison Department commissioner general to execute the said order, was 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.