PETALING JAYA: Former prime minister Datuk Seri Najib Razak may have to immediately begin serving his sentence for the 1Malaysia Development Bhd (1MDB) case at Kajang Prison if a recent High Court discharge order is interpreted to mean that he has completed his jail term in the SRC International case, says Bukit Gelugor MP Ramkarpal Singh.
He said the Nov 6 order issued following the payment of Najib's RM50mil fine had raised legal questions that must be resolved before the former premier could be allowed to serve the remainder of his SRC sentence under house arrest.
He said the order appeared to authorise Najib's immediate and unconditional release, which could conflict with the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18.
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"The word 'discharge' in the said Order of Discharge may amount to 'release', the same way an accused person is released upon an order of a discharge amounting to an acquittal (DAA) by the court following an acquittal," he said in a statement on Monday (Nov 9).
Ramkarpal, who is also DAP deputy secretary-general and its national legal bureau chairman, said the order stated that Najib's RM50mil fine had been paid and authorised his discharge "forthwith".
However, he said the conditional pardon required Najib to continue serving the remainder of his SRC sentence, which ends in 2028, under house arrest once the fine was paid.
He said the apparent contradiction warranted clarification by the High Court to avoid uncertainty in enforcing the pardon.
Ramkarpal also pointed out that Najib was required to serve another sentence for his 1MDB conviction immediately after completing his SRC sentence, as no stay of execution had been granted in the former case.
He said Najib's residence had been gazetted as a prison following the conditional pardon, but it remained unclear whether the gazette extended beyond the SRC sentence.
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"It is unlikely that Najib's residence is meant to be a prison for him to serve any other sentence apart from the SRC sentence, such as his 1MDB sentence," he said.
Ramkarpal said that if the discharge order meant Najib had completed his SRC sentence, he would have to begin serving his 1MDB sentence at Kajang Prison rather than at his residence.
He stressed that the legal questions should be resolved before Najib was transferred home.
He said the Attorney General's Chambers (AGC) was justified in seeking clarification of the discharge order, adding that its position did not challenge the King's prerogative to grant the conditional pardon.
Ramkarpal said the issue concerned the interpretation of the High Court's order rather than the terms of the royal pardon.
He added that provisions under Sections 41, 44 and 45 of the Prisons Act 1995 also appeared to support the interpretation that a discharge involved the release of a prisoner.
"In light of the above, I am of the view that there are genuine questions which need to be dealt with first in relation to the said Order of Discharge before Najib can be allowed to return to his residence," he said.
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He urged the AGC to apply to the High Court for clarification or revision of the order without delay, given the urgency of the matter.
Ramkarpal maintained that such an application would not seek to alter or clarify the royal pardon but address a potential error in the discharge order relating to the administration of justice.
On Dec 26 last year, the High Court sentenced Najib to 15 years' jail and fined him RM11.4bil after finding him guilty of four counts of abuse of power and 21 counts of money laundering involving RM2.3bil in 1MDB funds.
The court ordered the jail terms to run concurrently, with the 15-year sentence to begin only after Najib completes his SRC International sentence, which is scheduled to end on Aug 23, 2028.
Najib filed an appeal against the conviction and sentence on Dec 29 last year.
On Oct 14, the High Court dismissed his application for a stay of execution of the jail sentence and fine pending his appeal.
