AGC to explain Najib's house arrest complications to Agong

 

The Attorney-General’s Chambers (AGC) will seek an audience with Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar to explain the legal complications surrounding former prime minister Najib Abdul Razak’s conditional pardon, particularly its implications for his separate 1MDB sentence.

The dispute centres on whether Najib’s SRC International sentence is still in effect or has legally concluded following a High Court order yesterday that paved the way for him to serve the remainder of the sentence under house arrest. The distinction is significant as it could affect when his separate prison term in the 1MDB case begins.

The uncertainty over how the two sentences should be executed led to yesterday’s aborted transfer of Najib from Kajang Prison to his Kuala Lumpur residence, where he was supposed to serve the remainder of his SRC sentence under house arrest.

Najib was sent back to prison hours after leaving the facility, following a call by the AGC for the transfer to be temporarily suspended.

The AGC has defended its intervention, saying clarification is necessary to determine how the two sentences should be executed and to avoid any unlawful implementation.

It said that if Najib’s SRC International sentence remained in effect, there would be no question about implementing the remaining sentence in accordance with the conditional pardon order.

However, if the SRC sentence had legally concluded, the implications for the commencement of his 1MDB sentence would need to be determined.

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

Lawyers demand immediate transfer

In a statement this evening, Najib’s lawyers from Messrs Shafee & Co rejected any suggestion that the royal decree on his conditional pardon required further interpretation.

They argued that the King's exercise of the royal prerogative of pardon under Article 42 of the Federal Constitution could not be reopened or overridden by a subsequent court order, particularly after the Pardons Board had advised on the matter with the attorney-general's participation.

The lawyers called on the commissioner-general of prisons to immediately transfer Najib to his residence at No 11, Jalan Langgak Duta, Taman Duta, Kuala Lumpur, as decreed by the King.

Agong warns against defiance

The aborted transfer triggered a war of words among Najib’s lawyers, his supporters in Umno, and the AGC.

In a decree issued today, the Agong warned that disputing the conditional pardon granted to Najib could amount to defying the royal order granting him the reprieve.

Hours later, the Prime Minister’s Department said the AGC would explain the legal questions arising from yesterday’s High Court order to the palace.

At an event in Shah Alam today, Prime Minister Anwar Ibrahim confirmed that he had instructed the attorney-general to seek an immediate audience with the King, citing complications arising from Najib’s separate 1MDB case. - Mkini