Najib Fails To Initiate Contempt Proceedings Against Former AG Terrirudin

KUALA LUMPUR, Sept 4 (Bernama) -- The High Court here today dismissed former prime minister Datuk Seri Najib Razak's application for leave to initiate committal proceedings against former Attorney-General (AG) Tan Sri Ahmad Terrirudin Mohd Salleh for alleged contempt of court.

Judge Alice Loke Yee Ching decided the matter after ruling that the applicant (Najib) had failed to prove a prima facie case for contempt.

On May 21 this year, Najib filed the application seeking the court’s permission to commence contempt proceedings against Terrirudin, who is now a Federal Court judge, over the alleged additional document that purportedly allows him to serve his jail sentence under house arrest.

Justice Loke, in her decision, said Najib failed to establish a prima facie case of contempt and that it was based largely on speculation. 

She said the respondent (Terrirudin) was under no obligation to either confirm or deny the existence of the alleged additional document at the leave stage application.

"To my mind, it is pure conjecture to attribute dishonourable conduct on the part of the respondent merely from the stand taken to oppose the leave application. To recapitulate, the act of contempt alleged is the direction given by the respondent to advance false arguments and deny the existence of the addendum order," she said.

Justice Loke said that in the absence of clear evidence showing the respondent personally acted as alleged, and bearing in mind the role the AGC plays in leave applications, the allegations amount to mere speculation.

"One cannot infer a specific instruction to present untrue arguments solely based on the position taken by the respondent's officers in opposing the leave application. The consequences of contempt proceedings are serious, and this court will exercise caution and not act on mere supposition," she added.

Justice Loke also said Najib’s contempt application relied heavily on subsequent events, including the introduction of the alleged additional document at the Court of Appeal stage.  

She said that at the time Najib filed his leave application for judicial review, he himself was uncertain of the existence of the document.

“Upon being allowed to introduce the addendum order, the applicant now contends that it exists and that the respondent was aware of it all along...However, at the time of filing the leave application, even the applicant was uncertain as to its existence,” she said. 

The judge further said that the contempt application was filed too late, as the application was only filed in May 2025, almost a year after the AGC raised its objections for Najib’s judicial review in April 2024. 

She said the significant lapse of time undermined the strength of Najib’s claim and did not justify the extraordinary remedy of committal. 

"I am of the view that the applicant has failed to establish a prima facie case of contempt. Therefore, the leave application is dismissed with RM20,000 costs," she added.

On Aug 13, the Federal Court dismissed the AG's appeal regarding the purported existence of an additional document and directed that the matter be remitted to the High Court to be heard on its merits.

Najib, 72, is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the purported document dated Jan 29, 2024.

The former Pekan MP also sought an order that, if the additional document is proven to exist, all or any of the respondents be compelled to enforce it immediately and transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence.

Najib has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.

The High Court initially sentenced him to 12 years in prison and fined him RM210 million, a decision which was subsequently upheld by the Court of Appeal and the Federal Court. 

However, his petition for a royal pardon on Sept 2, 2022, resulted in the Pardons Board halving his prison sentence to six years and reducing his fine to RM50 million.

-- BERNAMA