The Attorney-General’s Chambers (AGC) has filed an application at the High Court to review the discharge order allowing former prime minister Najib Razak to serve the remainder of his prison sentence under house arrest.
Attorney-General Dusuki Mokhtar said the AGC was also seeking a new order in accordance with the conditional pardon granted by the Yang di-Pertuan Agong.
‘The AGC is also seeking a new order in line with the conditional pardon granted by the king,’ he said in a statement.
Dusuki was responding to media queries about the clarification sought by his office over the discharge order issued by the Kuala Lumpur High Court’s criminal registry office last Friday.
AGC seeks clarification over discharge order
The High Court issued the discharge order after the RM50 million fine imposed on Najib, a former Umno president, was paid through a solidarity fund launched by the party.
The payment paved the way for Najib to serve the remainder of his prison sentence under house arrest.
However, the AGC subsequently sought to defer the implementation of the arrangement pending a review of the conditional pardon and the discharge order.
The AGC said the matter involved ‘complex legal questions’ with implications for the execution of the royal pardon and the court order.
The alleged defects, which have raised questions among legal practitioners, reportedly concern the accuracy of the terminology and legal provisions used in the document.
The AGC stressed that its application was not an attempt to challenge the conditional pardon, but was intended to clarify the legal effect of the discharge order.
Najib’s conviction and royal pardons
Najib was jailed in August 2022 after the Federal Court upheld his conviction for abuse of power, criminal breach of trust and money laundering involving RM42 million in SRC International funds.
He was sentenced to 12 years in prison and fined RM210 million.
In January 2024, then Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah halved Najib’s prison sentence and reduced his fine to RM50 million as part of a royal pardon.
In September this year, the current Yang di-Pertuan Agong, Sultan Ibrahim, granted Najib a further conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.
The arrangement was subject to Najib paying the RM50 million fine and complying with other stipulated conditions.