PETALING JAYA: The Pardons Board's decision to allow Datuk Seri Najib Razak to serve the remainder of his prison sentence under house arrest is clear and should not be misinterpreted, says Tan Sri Mohamed Apandi Ali.
The former attorney general said the decision must be implemented immediately, as decided by the Pardons Board, without deviation.
Mohamed Apandi said Article 42(9) of the Federal Constitution clearly states that, before making the decision, the Pardons Board had to consider any written opinion submitted by the Attorney-General.
"Certainly, the Attorney-General's view for the purpose of the pardon must have been in favour of granting the pardon.
"So why does the Attorney-General now appear to be changing his position on the pardon? This is highly unreasonable," he said in a statement as reported by Sinar Harian on Sunday (Nov 8).
Mohamed Apandi also agreed with the decree by His Majesty Sultan Ibrahim, King of Malaysia, that there was no ambiguity in the Pardons Board's decision.
He added that Article 4 of the Federal Constitution established it as the supreme law of the land, while Article 5 provided for the right to personal liberty.
"The law applies to everyone, as provided under Article 8 (equality) of the Federal Constitution," he added.
Article 8(1) states that all persons are equal before the law and entitled to equal protection of the law.
On Sept 18, the Legal Affairs Division of the Prime Minister’s Department, which is the secretariat to the Pardons Board, announced that His Majesty Sultan Ibrahim had consented to granting Najib a conditional pardon.
The pardon would allow the former prime minister to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of a RM50mil fine.
On Friday (Nov 6), Najib's lawyer Muhammad Farhan Muhammad Shafee confirmed that payment for the RM50mil fine had been made that was imposed on his client in the SRC International Sdn Bhd funds misappropriation case at the High Court.
However, on the same Friday, the Attorney General's Chambers (AGC) said the implementation of Najib's house arrest had been temporarily deferred pending further examination and clarification of the interpretation of the conditional pardon order and the implications of the Order of Discharge issued by the High Court.
