KUALA LUMPUR: Datuk Seri Saifuddin Nasution Ismail rejected notions that the government deliberately caused unnecessary delays in implementing Datuk Seri Najib Razak’s house arrest.
“We were in no way questioning the decision of the Pardons Board or depriving the inmate of his rights. However, as the implementing agency, we reject the suggestion that we deliberately disobeyed the order or caused unnecessary delays,” the Home Minister told the Dewan Rakyat on Thursday (Nov 12).
Loyalty to the institution of the monarchy does not mean that we can disregard the proper requirements of the law. At the same time, upholding the rule of law does not mean questioning the institution of the monarchy.”
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Both must go hand in hand in a country that practises parliamentary democracy and constitutional monarchy,” he added.
Saifuddin said the Prisons Department no longer had the authority to detain an inmate once the court had given an order.
He said the court had issued an order after Najib’s RM50mil fine was paid on Nov 6.
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“The court subsequently issued an order of discharge forthwith (immediate release). From the Prisons Department's perspective, once a document states 'release', the prison authorities no longer have any authority over the inmate,” he said.
We have no power to continue detaining the individual, implement house arrest, or arrange release on licence or parole. Due to the ambiguity in the court document, we referred the matter to the Government's legal adviser, namely the Attorney General,” he added.
He said the Home Ministry functions as the implementing agency, not the administrator of the law.
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“It subsequently became clear that, after the matter was brought back before the court, the High Court judge had set aside the original discharge order issued on Nov 6. The court then issued a new conditional release order that was appropriate to the context of house arrest,” he said.
Therefore, the Attorney General's actions at the time were necessary because there was ambiguity in the release order addressed to the implementing authorities,” he added.
In a statement on Nov 6, the AGC said Najib would remain at the existing detention centre, subject to instructions and orders from relevant authorities.
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However, on Nov 10, the High Court ordered the former prime minister to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest until Aug 23, 2028, following a conditional pardon and a full settlement of his RM50mil fine in the case, which was paid last Nov 6.
Saifuddin was responding to a supplementary question by Datuk Seri Takiyuddin Hassan (PN-Kota Baru) on the delays.
