AGC Seeks Fresh Court Order For Najib’s House Arrest Amid Two Possible Interpretations

The Attorney-General’s Chambers has filed a rectification application to clarify how Najib’s conditional pardon and the Nov 6 discharge order should be implemented.

The Attorney-General’s Chambers (AGC) has identified two possible interpretations of the conditional pardon granted to Datuk Seri Najib Razak, prompting it to seek a fresh court order to clarify the former prime minister’s house arrest arrangement.

According to NST, the Attorney-General Tan Sri Mohd Dusuki Mokhtar confirmed that the AGC had filed a rectification application at the High Court today, seeking a review of the discharge order issued on Nov 6 and a fresh order that reflects the conditional pardon granted by His Majesty Sultan Ibrahim, King of Malaysia, on Sept 18.

The original Order of Discharge on Payment of Fine was issued after Umno settled Najib’s RM50 million fine in the SRC International case.

The order directed Najib’s immediate release and required him to serve the remainder of his prison sentence under house arrest until Aug 23, 2028.

AGC Highlights Two Possible Interpretations

The AGC explained that the conditional pardon could be interpreted in two different ways, with each carrying different implications for Najib’s remaining prison sentences.

Under the first interpretation, payment of the RM50 million fine would only settle the financial penalty, leaving Najib to serve the remainder of his SRC International sentence under house arrest until Aug 23, 2028.

The second interpretation suggests that settling the fine could mean Najib had completed his entire sentence in the SRC International case, including the custodial portion.

The AGC said the distinction was significant as it could affect the commencement of Najib’s separate prison sentence in the 1Malaysia Development Bhd (1MDB) case.

House Arrest Implementation Temporarily Deferred

Following the issuance of the discharge order on Nov 6, the AGC requested that the implementation of Najib’s house arrest be temporarily suspended pending clarification of the legal implications.

It said Najib would remain at his existing place of detention throughout the deferment period, subject to the authority and directions of the relevant authorities.

The AGC also pointed out that the High Court had dismissed Najib’s application for a stay of execution in the 1MDB case on Oct 14.

The separate 1MDB sentence was ordered to begin after Najib completes his sentence in the SRC International case.