Najib's house arrest: Home is where the sentence is

 

Former prime minister Najib Abdul Razak is expected to be transferred directly from Kajang Prison to his residence at Jalan Langgak Duta, Taman Duta, Kuala Lumpur, to serve the remainder of his prison sentence under house arrest.

This follows the Kuala Lumpur High Court's clarification today on two separate parts of the order implementing the conditional pardon granted to Najib.

Judge Aslam Zainuddin explained that the first part discharges Najib upon payment of the fine, while the second requires him to serve the remainder of his reduced six-year prison sentence under house arrest, in accordance with the pardon order and its conditions.

Under the order, Najib must serve his house arrest at No 11, Jalan Langgak Duta, Taman Duta, Kuala Lumpur, until Aug 23, 2028.

The clarification came as the court heard an application by the Attorney-General's Chambers to review the release order issued on Nov 6, following Najib's payment of the RM50 million fine.

The AGC sought a new order consistent with the conditional pardon order consented to by the Yang di-Pertuan Agong on Sept 18.

Its main concern was the scope and legal effect of the Nov 6 release order, particularly whether it dealt solely with payment of the fine or also affected Najib's remaining prison sentence in the SRC International case.

Najib's defence team argued that the discharge order upon payment of the fine related only to his obligation to settle the monetary penalty. His legal team said the RM50 million payment had been made on the day the order was issued and that the discharge referred specifically to the settlement of the fine.

The lawyers also cited legal practice in the United Kingdom concerning the royal prerogative of mercy, arguing that a pardon is an executive action rather than a judicial decision.

They explained that, in the UK, a pardon is implemented through a royal warrant delivered to prison authorities, who carry out its instructions without requiring a fresh court order.

The defence team further distinguished between the executive's power to grant a pardon and the court's jurisdiction over an offender's conviction and sentence.

Call to defer house arrest

The AGC's review application followed its call on Nov 6 to temporarily defer Najib's house arrest while seeking further study and clarification on the pardon order and the legal effect of the court-issued release order.

During the deferment, the AGC said Najib must remain at his place of detention until the matter was thoroughly examined.

The call for a deferment led to a dispute between the AGC and Najib's defence team over the powers and legal effects of the conditional pardon.

The following day, Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar decreed that the implementation of Najib's conditional pardon order, which allows him to serve the remainder of his prison sentence under house arrest, must be respected in accordance with the principles of constitutional monarchy and the rule of law.

His Majesty said the power of pardon is provided for under Article 42 of the Federal Constitution and that the decision consented to must be executed as decided.

The Agong also stressed that the order was clear, distinct, and unambiguous, and was unrelated to any other cases Najib faced.

From conviction to house arrest

Najib has been serving a prison sentence in the SRC International case since the Federal Court upheld his conviction and sentence on Aug 23, 2022.

On July 28, 2020, the Kuala Lumpur High Court sentenced him to 12 years in prison and a RM210 million fine after finding him guilty of seven charges involving the misappropriation of RM42 million in SRC International funds.

He began serving his sentence at Kajang Prison on Aug 23, 2022.

In January 2024, the Pardons Board announced that his prison sentence had been reduced from 12 years to six, while his fine was cut from RM210 million to RM50 million.

On Sept 18, 2026, Najib received a conditional pardon allowing him to serve the remainder of his prison sentence under house arrest until Aug 23, 2028, subject to stipulated conditions.

Payment of the RM50 million fine on Nov 6 was among the conditions that had to be fulfilled before the conditional pardon could be implemented. - Mkini