AGC suggests Najib’s house arrest be deferred

 The Attorney-General’s Chambers wants a review of the conditional pardon and Order of Discharge as they involve 'complex legal questions'.

The Attorney-General’s Chambers said the matter of the house arrest is unprecedented.

PETALING JAYA:The Attorney-General’s Chambers has suggested that former prime minister Najib Razak’s house arrest be deferred until a review of the conditional pardon and Order of Discharge is conducted.

In a statement this evening, the AGC said these two issues involved “complex legal questions” that had implications for the execution of the royal pardon and a court order.

The matter is also unprecedented, it said.

The AGC said the payment of a RM50 million fine, which was a requirement for Najib to undergo house arrest, only fulfilled one component of the sentence.

The jail term, it said, remains in force until Aug 23, 2028. 

“Under this interpretation, house arrest would serve as an alternative means or place of serving the remainder of the prison sentence, rather than bringing the prison sentence to an end,” it said.

The AGC said there was also the matter that the payment of the fine was a condition for the pardon to take full effect, with the consequence that the entire sentence in the SRC International case, including the prison term, was deemed to have been completed.

The second issue involved the legal implications of the Order of Discharge on Payment of Fine which the Kuala Lumpur High Court issued after the fine was paid, it said.

The order directs that Najib be released immediately, while also stipulating that the remainder of his sentence be served under house arrest until Aug 23, 2028.

Furthermore, the house arrest also has implications for Najib’s 15-year prison sentence for his 1MDB case, which will commence in 2028.

This matter, the AGC said, warrants further examination in view of the application for a stay of execution of the 1MDB sentence, which was dismissed by the High Court on Oct 14.

“The AGC is of the view that a clear and conclusive explanation is needed before they (the pardon and Order of Discharge) are executed,” it said.

Earlier today, Umno said it had settled the RM50 million fine – one of the conditions attached to the conditional pardon by the Yang di-Pertuan Agong, Sultan Ibrahim – following a crowdfunding initiative.

Najib was jailed in August 2022 after the Federal Court upheld his conviction for abuse of power, criminal breach of trust and money laundering involving RM42 million in SRC International funds.

He was sentenced to 12 years’ jail and fined RM210 million.

In January 2024, then Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah halved his prison sentence and reduced his fine to RM50 million as part of a royal pardon.

Two months ago, Sultan Ibrahim granted Najib a further conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.

This was subject to Najib’s payment of the fine and compliance with all other stipulated conditions. - FMT