AGC denies defying king's decree, cites two conflicting legal implications over Najib's house arrest

 

The Attorney-General’s Chambers has denied defying Yang di-Pertuan Agong’s decree following its decision to suspend the implementation of Najib Abdul Razak’s house arrest.

Instead, it said the move was taken to ensure that Najib’s rights are safeguarded after yesterday’s Kuala Lumpur High Court decision ordering his release.

The AGC's latest statement came as various quarters, including the Yang Di-Pertuan Agong, said the agency risked defying the king's orders concerning Najib's conditional house arrest.

The AGC stated that the issue arose after the High Court handed down its ruling shortly after Najib completed the payment of his RM50 million fine yesterday.

Although the court directed that he be released immediately, it also stated that the remainder of his sentence must be served under house arrest until Aug 23, 2028, in accordance with the conditional pardon.

Najib Abdul Razak

According to the AGC, this situation carries two distinct legal implications regarding Najib’s sentence, which should not be determined unilaterally.

The statement noted that if the sentence in the SRC International case remains in effect, no question arises regarding the execution of the remaining sentence in accordance with the Conditional Pardon Order.

"Conversely, if the SRC International sentence has legally concluded, its effect on the commencement of the sentence in the 1MDB case must be determined.

"Both possibilities carry different legal implications and should not be decided based on assumptions or unilateral interpretations," the AGC said.

AGC’s stance

Yesterday, the AGC temporarily deferred Najib’s house arrest following two conflicting interpretations of the pardon order, which stipulated that Najib must pay a RM50 million fine before serving his remaining sentence under house arrest.

First interpretation: The payment of the RM50 million fine only fulfils the fine component of the sentence, while the prison sentence for the SRC International case continues until Aug 23, 2028. Under this interpretation, house arrest serves as an alternative method or venue to serve the remaining prison sentence rather than a termination of imprisonment.

Second interpretation: The payment of the RM50 million fine serves as a condition that allows the pardon to take full effect, implying that the entire sentence for the SRC International case - including the prison term - is deemed completed.

The AGC added that questions surrounding the status of the remaining prison term in the SRC International case also carry implications for the execution of Najib’s prison sentence in the 1MDB case.

In the statement issued by Istana Negara today, Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar stressed that the power to grant pardons is a royal prerogative enshrined under Article 42 of the Federal Constitution.

"The exercise of such power must be respected in accordance with the position of a constitutional monarchy and the principle of the rule of law," the statement read.

Sultan Ibrahim Sultan Iskandar

The AGC further dismissed depictions that its action in seeking legal clarification was an attempt to usurp or execute the king's royal pardon powers.

It stated that the power of pardon and the power of the court to interpret and determine the legal effect of an order are two distinct matters.

"Seeking a court ruling on the execution of an order in no way implies questioning the authority of the party that issued that order.

"Therefore, it is inaccurate to equate the AGC’s stance - that a legal question requires judicial determination - with allegations that the attorney-general has usurped His Majesty’s pardon prerogative," it said. - Mkini