The Court of Appeal today granted leave to jailed former prime minister Najib Razak for a judicial review on the existence of a royal decree that would have allowed him to serve the remainder of his prison sentence at home.
In a 2-1 decision, the panel judges reversed the High Court's ruling last year which dismissed the claim on the existence of an addendum to the partial pardon granted to Najib.
Najib's court victory today means the Pardons Board and five other respondents are compelled to provide a response and verify the existence of the addendum.
The decision comes three days after Istana Negara declared that only the Pardons Board chaired by the Yang di-Pertuan Agong can decide whether to pardon or reduce a prisoner's sentence.
According to the constitution, the Agong decides on pardons for prisoners on the advice of the Pardons Board, which includes the attorney-general and the federal territories minister.
The palace's statement indicates that the Pardons Board will now have to decide Najib's future if the appeal court rules that the addendum was valid.
Prime Minister Anwar Ibrahim has repeatedly brushed aside claims about the existence of the addendum, and said the matter would only be decided by the court, which is seen as an attempt to distance himself from any decision on the matter.