Ex-Malaysia PM Najib remains in prison as lawyers dispute AGC’s call for temporary halt of his house arrest
Malaysia’s Attorney-General’s Chambers has no power to suspend or stay a royal pardon, Najib’s lawyers argued.
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KUALA LUMPUR: Former Malaysia prime minister Najib Razak remains in Kajang Prison as the Attorney-General's Chambers (AGC) on Friday (Nov 6) called for his house arrest to be temporarily suspended, citing "complex legal questions" over the interpretation of his conditional royal pardon.
The AGC's statement came hours after Najib left the prison following the payment of his RM50 million (US$12.3 million) fine in the SRC International case, which had paved the way for him to serve the remainder of his sentence under house arrest.
Najib's lawyers challenged AGC's statement three hours later, asserting that there was "no lawful reason" for their client to remain in Kajang Prison "a moment longer", as every condition of the royal pardon had been met.
The process of releasing Najib into house arrest had been underway when the AGC Statement was issued, Shafee & Co said.
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"We call on the Commissioner General of Prisons to complete our client’s release into house arrest without delay," his lawyers said in a statement.
The AGC, however, argued that further clarification was needed on whether payment of the fine meant Najib must continue serving his prison sentence under house arrest until Aug 23, 2028, or whether the sentence should be considered completed.
"Furthermore, the question of the status of the remaining prison sentence in the SRC International case also has implications for the implementation of the prison sentence imposed on (Najib) in the 1Malaysia Development Berhad (1MDB) case," the AGC said.
"This is particularly relevant to the court order stipulating that the sentence in the 1MDB case must commence after the completion of the prison sentence in the SRC International case."
But Najib's lawyers argued that a Pardons Board secretariat statement released on Sep 18 had said their client would serve the remainder of his sentence under house arrest, subject to payment of the RM50 million fine.
"It raised no question of interpretation," they said, insisting that what AGC had said raised a legal question was the "government's own wording".
And after the RM50 million fine was paid on Friday, the High Court had issued sealed orders to the officer in charge of Kajang Prison authorising Najib's discharge, Shafee & Co highlighted.
"Equally, the AGC’s reference to the 1MDB case changes nothing," the law firm said.
"That case is the subject of its own proceeding, including a pending appeal, and its term of imprisonment cannot take effect until the SRC imprisonment is spent, and has no bearing on the AGC’s duty to give effect to the pardon in the SRC case."
Still, the AGC said the issues raised involve complex legal questions, have implications for the implementation of the royal pardon and court orders, and represent an "unprecedented situation".
This means that "clear and definitive legal clarification must be obtained" before any further implementation measures are taken, it said.
The AGC said Najib's detention status should be maintained at his "existing place of detention" subject to the "powers and directions" of relevant authorities.
Earlier on Friday, Najib was seen leaving Kajang Prison. Transport Minister Anthony Loke told reporters on Friday that he was informed by Home Minister Saifuddin Nasution Ismail that Najib was attending a dental appointment scheduled for Friday.
Najib's party, the United Malays National Organisation (UMNO), said on Friday that the RM50 million (US$12.3 million) fine was paid to the Kuala Lumpur High Court that morning after a crowdfunding campaign reached its target.
Najib's aide, Ahmad Lutfi Azhar, also confirmed the payment and the former leader's lawyer Farhan Shafee said they had already obtained papers to transfer the former leader out of jail.
Utusan Malaysia reported that Najib, 73, left the Kajang Prison compound at 2.37pm in a silver car, accompanied by several escort vehicles and a Malaysian Prisons Department van.
The road leading to Najib's upmarket residence at Jalan Langgak Duta was cordoned off with yellow police tape and traffic cones blocking access to the area, an AFP journalist saw at around noon.
Police had parked patrol cars and mobile vans as well as set up two tents near the entrance to the road, in preparation for crowd control.
At around 7pm, police personnel dismantled the cordon leading to the house and left.
UMNO party secretary-general Asyraf Wajdi Dusuki said on Friday the "Najib Razak Solidarity Fund", which was set up in September to receive public contributions, had reached its fundraising target. As such, "there is no longer a need for public crowdfunding for this purpose", he said.
Najib, who served as Malaysia's prime minister from 2009 to 2018, has been in jail since 2022.
A Malaysian judge late last year rejected an original request to allow Najib to serve the rest of his prison term at home.
He was originally sentenced to 12 years in prison and fined RM210 million after being convicted of seven charges involving RM42 million belonging to SRC International, a former subsidiary of state investment fund 1Malaysia Development Berhad (1MDB). He has consistently denied wrongdoing.
In 2024, Malaysia's Pardons Board halved his prison term to six years and reduced his fine to RM50 million.
Najib subsequently mounted a legal battle over what he said was an addendum order by then-king Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah allowing him to serve the remainder of his sentence under house arrest.
In September, Malaysia's King Sultan Ibrahim Sultan Iskandar granted a conditional pardon to Najib, allowing him to serve the remainder of his original sentence under house arrest until his expected release date in August 2028, provided he paid an RM50 million fine.
Najib was also convicted in a separate 1MDB-related case in December last year, for which he was sentenced to 15 years in prison and fined US$2.8 billion for abuse of power and money laundering.
He has lodged an appeal in that case, though a separate application for a stay of execution on his sentence and fine pending appeal was dismissed by the High Court on Oct 14.
"This matter (of Najib's house arrest) must also be examined in light of the application for a stay of execution of the sentence in the 1MDB case, which was rejected by the High Court," the AGC said.
The AGC said the temporary suspension is not intended to question or set aside Sultan Ibrahim's decree, but to ensure that the royal decree and relevant court orders are "implemented accurately, systematically, and in accordance with the actual legal position".
"The Attorney General's Chambers will take further action once the examination and clarification of these matters have been completed," it said.
Najib's lawyers said they view the AGC's statement as a "disregard" of the king's order, and that nothing in the AGC statement provided any basis for keeping Najib in Kajang Prison.
"We therefore demand that our client be released immediately into house arrest at his residence, as His Majesty has ordered and the High Court has directed," they added.
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