Malaysia
Appellate court allows Najib to attend Dzulkefly defamation appeal, contempt hearing
The order permits Datuk Seri Najib Razak to attend an appeal involving Health Minister Datuk Seri Dzulkefly Ahmad on February 24, as well as his own appeal on March 13 over a High Court decision declining to cite Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh for contempt. — Picture by Yusof Isa

KUALA LUMPUR, Feb 13 — The Court of Appeal today granted an order to produce Datuk Seri Najib Razak, enabling the former prime minister to be present for two separate proceedings scheduled later this month and in March.

According to The Edge, a three-member bench chaired by Datuk Wong Kian Kheong allowed the application filed by Najib’s counsel, Wan Muhammad Arfan Wan Othman. 

The order permits Najib to attend an appeal involving Health Minister Datuk Seri Dzulkefly Ahmad on February 24, as well as his own appeal on March 13 over a High Court decision declining to cite Federal Court judge Tan Sri Ahmad Terrirudin Mohd Salleh for contempt.

Dzulkefly’s matter arises from a defamation suit he brought against Najib. 

The minister is seeking to have High Court Judicial Commissioner Arziah Mohamed Apandi recused from hearing the case, contending that remarks made during two case management sessions suggested the suit could be struck out if no out-of-court settlement was reached, thereby giving rise to concerns of bias or perceived bias.

In July last year, Arziah dismissed the recusal application, stating that her directions were procedural and aimed at managing a case that had been delayed since it was filed in 2021.

Separately, Najib is appealing High Court judge Alice Loke Yee Ching’s September ruling rejecting his bid to cite Ahmad Terrirudin for contempt in connection with the royal addendum issue during the latter’s tenure as attorney general. 

Najib alleges that instructions were given to advance false arguments and to deny the existence of the purported “addendum order”.

In dismissing the application, the judge said: “In the absence of clear evidence showing that the respondent personally did as alleged... these allegations are but mere speculation.”

The appellate panel — comprising Wong, Datuk Mohd Firuz Jaffril and Datuk Nadzarin Wok Nordin — approved the order after Wan Muhammad Arfan raised no objection to disclosures by Wong and Firuz regarding potential conflicts. 

Wong informed the court that his wife had remained with the Attorney General’s Chambers when Ahmad Terrirudin was attorney general, while Firuz had previously presided over and authored the majority decision in Najib’s addendum appeal decided on January 6 last year.

Najib is currently serving a six-year prison sentence following his conviction in the SRC International Sdn Bhd case for criminal breach of trust, money laundering and abuse of power, and was fined RM50 million.

He has also received a 15-year jail term after being convicted on four counts of abuse of power and 21 counts of money laundering linked to 1Malaysia Development Bhd. 

That conviction remains under appeal.

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