Uncertainty surrounds former prime minister Datuk Seri Najib Razak’s transfer to house arrest following the AGC’s deferral due to conflicting legal interpretations of his conditional royal pardon.
KUALA LUMPUR: The situation outside former prime minister Datuk Seri Najib Razak’s residence in Jalan Langgak Duta, Taman Duta, remained quiet this morning, with no vehicles seen entering or leaving the property amid uncertainty over his proposed transfer to house arrest.
A two-hour observation starting at 8am found several members of the media stationed outside the residence, although some had departed by the end of the period.
The subdued atmosphere followed yesterday’s announcement by the Attorney-General’s Chambers (AGC) that the implementation of Najib’s house arrest should be deferred pending clarification of the legal implications of his conditional pardon.
The AGC identified two possible interpretations of the pardon granted by Yang di-Pertuan Agong Sultan Ibrahim on Sept 18.
Under the first interpretation, payment of the RM50 million fine imposed in the SRC International Sdn Bhd case would satisfy the financial component of the sentence, while Najib would still be required to serve the remainder of his prison term under house arrest until Aug 23, 2028.
The alternative interpretation is that settling the fine could result in the discharge of the entire sentence, including the custodial component.
The AGC said Najib should remain at Kajang Prison until the matter was clarified to prevent legal uncertainty surrounding the implementation of the royal pardon and the relevant court order.
The controversy emerged after Najib, 73, paid the RM50 million fine using funds collected through Umno’s Tabung Solidariti Najib Razak.
Umno secretary-general Datuk Dr Asyraf Wajdi Dusuki confirmed that the payment had been completed at the Kuala Lumpur High Court yesterday.
Najib’s lawyer, Muhammad Farhan Muhammad Shafee, subsequently confirmed that a house arrest order had been issued by the court following the payment.
He said the order would be forwarded to the Kajang Prison authorities for further action, although additional procedures had to be completed before his client could return home.
However, Najib’s legal representatives have disputed the AGC’s position.
In a statement, Shafee & Co argued that all requirements stipulated under the conditional pardon had been fulfilled, maintaining that there was no legal justification for Najib to remain incarcerated after the fine had been paid and the court had issued its order.
The law firm called on the Prisons Department to implement the house arrest arrangement and urged the Attorney-General to withdraw the AGC’s statement.
Separately, Najib’s residence in Jalan Langgak Duta was officially gazetted as a prison under Section 3 of the Prisons Act 1995, with effect from yesterday.
The gazette, issued by Home Minister Datuk Seri Saifuddin Nasution Ismail, covers the residence and its surrounding land, with a total area of 4,558.975 square metres.
Nevertheless, despite the gazettement of the property and the issuance of the court order, Najib’s proposed return home remains in limbo as the AGC and his legal team maintain differing interpretations of the conditions attached to his pardon.
