13 Aug 2025
PEGUAM NEGARA MALAYSIA DATO' SRI MOHD NAJIB BIN TUN HJ ABD RAZAK
- Citation
- 01(i)-13-05/2025(W) (Mahkamah Persekutuan)
- Court
- i
- Case number
- 01(i)-13-05/2025(W) (Mahkamah Persekutuan)
Rule 7(3A) RCA 1994 encapsulates the Ladd v Marshall principles and is the operative statutory test for admitting fresh evidence on appeal; the respondent satisfied Rule 7(3A)(a) (new evidence was not available and reasonable diligence was exercised) and Rule 7(3A)(b) (the Addendum Order, if true, would likely have had a determining influence on the High Court decision); therefore the Addendum Order was admitted and leave for judicial review granted; appeals by the Attorney General were dismissed and the matter remitted to the High Court for substantive hearing before a new judge.