KUALA LUMPUR (April 18): Malaysian civil society group Bersih, or the Coalition for Clean and Fair Elections, has slammed the deputy public prosecutor (DPP)’s office, which falls under the Attorney General’s Chambers (AGC), for not objecting to former prime minister Datuk Seri Najib Razak’s application to bar the media from covering his judicial review application, as he sought to be placed under house arrest for the duration of his jail sentence.

In a statement to the media, the coalition said that given the high-profile person in the case and the involvement of public interest and funds, as previously decided by the Federal Court, it is necessary for the matter to be tried openly and transparently for public knowledge.

“At the same time, Bersih also questions why the DPP did not object to the application (to prohibit media from covering the court proceedings), and is of the view that they should explain to the public their reasons for not objecting."

“Proceedings of such high-profile cases should be transparent and open because the public has the right to know the true status of the case. If [they’re] not, it may give rise to perceptions of double standards that can erode public confidence in the government and our justice institutions,” it said.

It said the principles of equal justice and transparency must always be upheld as the main principles to preserve the justice system and the rule of law in the country.

This comes after the High Court on Wednesday (April 18) allowed Najib’s application to bar the media from covering his judicial review leave application.

Tan Sri Muhammad Shafee Abdullah, Najib’s lead counsel, asked judge Datuk Amarjeet Singh that the matter be declared a chambers matter and the media be prohibited from reporting the proceedings due to the sensitivity of the subject matter.

Amarjeet allowed Shafee’s request.

Najib, in his application, is seeking leave for an order that he be placed under house arrest for the remainder of his jail sentence. Originally sentenced to spend 12 years in jail and fined RM210 million after being found guilty of abuse of power, criminal breach of trust and money laundering involving RM42 million of SRC International Sdn Bhd's funds, the Pardons Board halved his jail term and reduced his fine to RM50 million in February this year.

Najib is also seeking a mandamus order for an addendum order dated Jan 29 this year — purportedly issued by the 16th Yang di Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, who chaired the Pardons Board then — which allegedly stated that Najib be allowed to serve the rest of his jail term under house arrest, to be produced before him (Najib) and for it to be implemented.

Najib had named the Federal Territories (FT) Minister, the FT Pardons Board, the Home Minister, the Attorney General, the Prisons Department commissioner general, the government, and Minister in the Prime Minister’s Department (Law and Institutional Reform) as respondents.

Prior to this, Shafee had indicated to the court that a critical witness had affirmed the affidavit in support of the application, which turned out to be Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

In his affidavit, Ahmad Zahid said that Trade and Industry Minister Tengku Datuk Seri Zafrul Abdul Aziz had shown him the addendum — a document protected under the Official Secrets Act — at Ahmad Zahid’s house in January, on Tengku Zafrul’s phone.

In an immediate response, Tengku Zafrul issued a statement to say that Zahid's affidavit contained “certain factual errors”, and that he would be seeking legal advice and writing to the court to seek leave to file an affidavit to correct those errors. He did not specify what those errors were.

He said this was to “ensure that the factual record is properly reflected and recorded, so that all parties and in particular, the High Court, is properly appraised of all material facts”.

Following Tengku Zafrul’s statement, the AGC said it would bring the matter to the court’s attention in a brief one-paragraph statement.