The Attorney-General’s Chambers (AGC) has clarified that its request to defer the implementation of Najib Razak’s house arrest was not intended to challenge the conditional pardon granted to the former prime minister.
Instead, it said the legal issue concerned the effect of the Order of Discharge issued by the Kuala Lumpur High Court on Thursday following the payment of Najib’s RM50 million fine.
“The AGC stresses that it does not in any way dispute, set aside or intend to suspend the conditional pardon order granted by His Majesty the Yang di-Pertuan Agong.
“The AGC has always upheld the rule of law, respected the position of the institution of the Yang di-Pertuan Agong, and recognised His Majesty’s prerogative of pardon as provided for under Article 42 of the Federal Constitution.
“In this regard, it is inaccurate to equate the AGC’s position that a legal question requires determination by the court with allegations that the attorney-general has usurped His Majesty’s prerogative of pardon,” it said in a statement.
The AGC also stressed that the issue it had raised did not concern the validity or authority of the conditional pardon order.
Dispute centres on High Court discharge order
The AGC highlighted the Kuala Lumpur High Court’s Order of Discharge addressed to the Prisons Department, which states: “And whereas the said fine amounting to RM50 million has now been paid into this court: This is to authorise you to discharge the said Najib Razak […] forthwith.”
The same order also stipulates that Najib must serve the remainder of his sentence under house arrest until August 23, 2028.
“The dispute arose on the scope and effect of the discharge order – whether it focused solely on the payment of the fine and allowed him (Najib) to serve the remaining SRC International sentence on house arrest, or if the discharge order meant that his (six-year) sentence had been completed,” the AGC said.
It reiterated that the question of whether Najib’s current prison sentence in the SRC International case had been completed would affect the commencement of his sentence in the 1MDB case.
The High Court had ordered Najib to serve a 15-year prison sentence for abuse of power and money laundering after completing his SRC International sentence.
AGC seeks court clarification over prison sentences
The AGC said that if Najib’s SRC International sentence remained in force, the remainder should be served in accordance with the conditional pardon order.
“However, if the sentence has been legally completed, the implications for the start of Najib’s prison term in the 1MDB case must be determined.
“These two scenarios have different legal implications and should not be decided based on assumptions or one-sided interpretations.”
The AGC said the legal implications of the High Court order should be referred to the court immediately for a clear determination and directions.
It stressed that the move was not intended to undermine or obstruct the implementation of the conditional pardon, but to prevent conflicts in the implementation of valid court orders and ensure that no sentence was enforced unlawfully.
The statement was issued in response to Najib’s legal team, Shafee & Co, which had accused the attorney-general of exceeding his authority, disobeying royal decrees and unlawfully continuing Najib’s detention.
Istana Negara said on Friday that the Yang di-Pertuan Agong had emphasised that the conditional pardon order was clear, explicit and unambiguous, and was unrelated to any other cases involving the former prime minister.
