PETALING JAYA: Datuk Seri Najib Razak’s house arrest arrangement over the SRC International case is not automatically affected by the High Court’s rejection of his application to stay his 15-year sentence in the 1Malaysia Development Bhd (1MDB) case, says a senior lawyer.
Lawyer Datuk Baljit Singh Sidhu said the SRC case and the 1MDB case are legally distinct proceedings, involving separate convictions and sentences.
“The rejection of the stay application did not automatically invalidate or affect the conditional pardon relating to the SRC case.
“The practical question is how the two arrangements interact when the SRC sentence ends, and that must be determined by reference to the applicable court orders, the terms of the conditional pardon and the law governing the execution of sentences,” he said.
Baljit said that if Najib’s SRC sentence ends in August 2028 and the 1MDB sentence remains enforceable without a stay or other order affecting its execution, he would ordinarily have to begin serving the separate sentence.
He stressed that serving one sentence under house arrest would not automatically entitle the former prime minister to serve another separate sentence at home.
“Whether the house-arrest arrangement can continue, or whether a fresh legal basis would be required for any alternative mode of serving the 1MDB sentence, depends on the precise terms and legal effect of the relevant orders,” he said.
On Oct 14, the High Court dismissed Najib’s application to stay the execution of his 15-year prison sentence and RM11.38bil fine in the 1MDB case, ruling that he had failed to establish the special circumstances required to justify a stay pending appeal.
Following the decision, Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, said the defence would file a fresh application for a stay at the Court of Appeal.
Najib was convicted of four counts of abuse of power and 21 counts of money laundering linked to 1MDB.
He was sentenced to 15 years’ imprisonment, which is to begin after he completes his SRC sentence, scheduled to end on Aug 23, 2028.
In September, His Majesty Sultan Ibrahim, King of Malaysia, granted a conditional pardon allowing Najib to serve the remainder of his SRC sentence under house arrest, subject to payment of the RM50mil fine and compliance with the stipulated conditions.
