KUALA LUMPUR: The Prisons Department must facilitate the release of former prime minister Datuk Seri Najib Razak to commence his house arrest, says his lawyers.
Law firm Messrs Shafee & Co rejected the statement issued by the Attorney General's Chambers (AGC) to temporarily suspend the house arrest.
"On Sept 18, the Legal Affairs Division of the Prime Minister's Department, which is the secretariat to the Pardons Board, announced the pardon.
"It said that our client would serve the remainder of his sentence under house arrest, subject to payment of the RM50mil fine.
"It raised no question of interpretation. It is of note that the phrase, which the AGC now says raises a 'legal question', is the government's own wording.
"The AGC raised no question over that wording for seven weeks until the fine was paid," the law firm said in a statement on Friday (Nov 6).
It added every condition for house arrest had been met and the process to release their client was already underway when the AGC issued the statement.
They also said Najib's house had been gazetted as a prison under the Prisons Act 1995 under the Prisons Commissioner General's authority.
"Moving our client there does not take him out of lawful custody. It moves him from one gazetted prison to another.
"It is therefore illogical for the AGC, on the same day the Gazette declared our client's residence a prison, to insist that he remain in Kajang Prison while it seeks clarification.
"Whatever the AGC's concerns, they provide no reason to keep our client in one prison and not the other," it said.
The firm said the AGC had consistently said that "the only thing" standing in between the start of Najib's house arrest was the payment of the RM50mil fine.
"The pardon is an express order of His Majesty. It names one condition, payment of the fine, and that condition has been met.
"The AGC's statement itself acknowledges that the orders provide for our client's release to serve under house arrest at his residence… and that is what must and has been done.
"The Attorney General's claim of confusion in relation to the High Court order has no merit and is self-created.
"The Attorney General has no power of stay of His Majesty's royal prerogative of pardon. We view the AGC's statement as disregard of His Majesty's order," it said.
The law firm also said the 1MDB case did not change anything.
"That case is the subject of its own proceedings, including a pending appeal and its term of imprisonment cannot take effect until the SRC imprisonment is spent and has no bearing on the AGC's duty to give effect to the pardon in the SRC case.
They also said the power of pardon belongs to the King alone and that the pardon is directed to the Commissioner General of Prisons, not the Attorney General.
"Nothing in Article 145(3) allows the Attorney General to suspend a Royal Pardon or a sealed order of court and the AGC's statement cites no provision of law that does," it said.
The law firm said what the payment of the fine, any decision to keep Najib in
Kajang Prison would not be in accordance with law and contrary to Article 5(1) of the Federal Constitution.
"We call on the Commissioner General of Prisons to complete our client's release into house arrest without delay.
"We also call onto the Attorney General to withdraw the statement immediately," adding that if there was any question over the order, it should be taken to court,
"Every condition His Majesty set has been met and there is no lawful reason for our client to remain in Kajang Prison a moment longer," it said.
