AGC seeks to clarify how Najib’s prison sentences will be affected
KUALA LUMPUR: Fifty days after obtaining a conditional royal pardon, Datuk Seri Najib Razak was set to be released from Kajang Prison to serve the remainder of his prison time in the SRC International Sdn Bhd case under house arrest.
Rumours of his release began circulating earlier this week, with many speculating when the former prime minister would be making the payment for the RM50mil fine – a condition imposed in the royal pardon.
Yesterday, his lawyer Muhammad Farhan Muhammad Shafee confirmed that the payment had been made by Umno to the High Court Registry at the Kuala Lumpur Court Complex.
“The court has issued, pursuant to the royal pardon, the order of house arrest.
“We have the order, and we will be delivering the order to the Kajang Prison,” he told the press.
The Attorney General’s Chambers (AGC), in a statement, however, said the house arrest should be suspended pending clarification on certain legal issues arising from the order.
These include the interpretation of the phrase “serving the remainder of the sentence under house arrest until Aug 23, 2028, subject to the payment of the RM50mil fine”, and its implications for the remaining prison sentence in the SRC International case.
The AGC said there were also implications for the implementation of the prison sentence in the 1Malaysia Development Bhd (1MDB) case, which was ordered to run after the SRC International prison time is complete.
Najib had tried to apply for a stay of execution on the prison sentence in the 1MDB case, but it was dismissed by the High Court on Oct 14.
The AGC said as this was an unprecedented situation, it was of the view that clear and definitive legal clarification must be obtained before any further implementation action was taken.
“Accordingly, the implementation of house arrest for Najib should be temporarily suspended until further examination and clarification regarding the interpretation of the conditional pardon order and the implications of the order of discharge have been completed.
“During this period, his detention status shall remain unchanged at his existing place of detention, subject to the powers and directions of the relevant authorities,” the AGC said.
It maintained that the temporary suspension was not intended to question or set aside the decree of His Majesty Sultan Ibrahim, King of Malaysia.
“Rather, it is a measure to ensure that the royal decree and the relevant court orders are implemented accurately, properly and in accordance with the actual legal position,” it added.
At his home in Jalan Langgak Duta, members of the press were seen scrambling to catch a glimpse of his return to start his house arrest.
Newsmen had been camping outside since 10am. At the same time, increased police patrols were seen in the area.
A van from the Bomb Disposal Unit was also seen entering the compound in the afternoon, alongside two Prisons Department vehicles.
Even the heavy rain did not stop pressmen from waiting outside, with many braving the weather in raincoats and with umbrellas.
Najib is also facing a US$5.64bil civil lawsuit filed by 1MDB and another lawsuit filed by SRC International and its subsidiaries.
Additionally, Najib faces bankruptcy proceedings against him and his son, Datuk Mohd Nazifuddin, over additional tax arrears.
As of 8pm, there was no sign of Najib at his house in Langgak Duta.
