No ambiguity over Najib’s conditional pardon, says Istana Negara

The Yang di-Pertuan Agong, Sultan Ibrahim, has called for the conditional pardon granted to Najib Razak to be complied with following the Attorney-General’s Chambers’ suggestion for the former prime minister’s house arrest to be deferred pending a review.

In a statement from Istana Negara, Sultan Ibrahim emphasised that the conditional pardon order is clear, explicit and unambiguous, and is not related to any other cases involving the former prime minister.

“There should be no room for confusion in its interpretation, nor should there be prolonged uncertainty over the implementation of the decision that has been consented to.

“Given that all the conditions stipulated in the conditional pardon order have been fulfilled, any arguments challenging the order would amount to defying the decree of His Majesty the Yang di-Pertuan Agong,” the palace said.

The palace also said the king’s prerogative to grant clemency, as enshrined in the Federal Constitution, must be respected in keeping with the principles of constitutional monarchy and the rule of law.

The palace also highlighted that the Federal Territories Pardons Board meeting which discussed the conditional pardon had been attended by the federal territories minister and the attorney-general, who provided the appropriate advice to the king.

“Subsequently, His Majesty agreed for Najib to serve the remainder of his prison sentence under house arrest, subject to the condition that he pays the RM50 million fine,” the statement read.

The AGC yesterday suggested that Najib’s house arrest be deferred until a review of the conditional pardon and Order of Discharge is conducted.

It said these two issues involved “complex legal questions” that had implications for the execution of the royal pardon and a court order.

The AGC said the payment of a RM50 million fine, which was a requirement for Najib to undergo house arrest, only fulfilled one component of the sentence. The jail term, it said, remains in force until Aug 23, 2028.

It said that under this interpretation, house arrest would serve as an alternative means or place of serving the remainder of the prison sentence, rather than bringing the prison sentence to an end.

The AGC said there was also the matter that the payment of the fine was a condition for the pardon to take full effect, with the consequence that the entire sentence in the SRC International case, including the prison term, was deemed to have been completed.

The second issue involved the legal implications of the Order of Discharge on Payment of Fine, which the Kuala Lumpur High Court issued after the fine was paid, it said.

The order directs that Najib be released immediately, while also stipulating that the remainder of his sentence be served under house arrest until Aug 23, 2028.

The AGC said the house arrest also has implications for Najib’s 15-year prison sentence for his 1MDB case, which will commence in 2028.

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