KUALA LUMPUR (April 17): Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi has affirmed an affidavit that he had sighted the addendum order purportedly issued by the 16th Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, for former prime minister Datuk Seri Najib Razak’s jail sentence to be commuted to house arrest instead.

Zahid, who is also the Umno president, is the so-called “critical witness” who had affirmed an affidavit in support, dated April 9, of Najib’s judicial review application against the government and six others.

The DPM said in the affirmed document that on Jan 30, Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Abdul Aziz went to Zahid’s Kajang house.

“I was informed by him (Tengku Zafrul) of the addendum order. Upon querying further, he (Tengku Zafrul) showed me a copy of the addendum order from his phone, which showed a scan of the original copy,” Zahid added.

“The contents of the addendum order expressly stated that the applicant (Najib) be allowed to serve his reduced sentence of his imprisonment under condition of 'house arrest' instead of the current prison confinement in Kajang Prison. I further sighted the addendum order [dated] Jan 29, which had the seal and signature of the 16th Yang di-Pertuan Agong.

“I further confirm that the addendum order is genuine and in fact the royal prerogative order as the main order,” the DPM said.

Zahid, who is also the Bagan Datuk Member of Parliament, further confirmed the existence of the addendum order dated Jan 29 by the former Agong.

However, the DPM said he does not have a copy of the order.

“I also believe that other than myself and Tengku Zafrul, other members of the government have seen the addendum order, namely Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail, who has seen the order and confirmed the same,” he said, adding that the addendum order had not been executed or enforced yet.

“I was further informed that the attorney general had the original copy of the addendum order for his legal input.”

Najib had prior to this filed a judicial review application on April 1, claiming that the former Agong, Al-Sultan Abdullah, had issued a decree that Najib could serve the remaining six years’ jail sentence under house arrest.

The former PM is also seeking a mandamus order to compel the production of the original copy of the main pardon order, along with the addendum order by the 16th Yang di-Pertuan Agong as well as costs of the action.

Royal pardon matters, however, are protected by the Official Secrets Act.

Earlier on Wednesday, the media were prohibited by the court to cover the proceedings, with Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah citing the sensitivity of the matters involved.

Following this, High Court judge Datuk Amarjeet Singh declared that proceedings be held in chambers, and barred members of the public from sitting in the proceedings even via video link.

Zahid's affidavit not barred from public scrutiny

After proceedings, Shafee questioned the government’s move to conceal the existence of the addendum order as the critical witness had affirmed its existence, and warned the media not to report as to who the person is, citing a court order.

However, since then, The Edge and other media have verified with court officials that there is no protective order barring reports on the contents of the additional affidavit, including this one by Zahid.

A search on the court documents also revealed that the affidavit by Zahid was not locked or blocked.

Prior to this, Najib had filed two affidavits in support of the application.