Let court resolve ambiguities over Najib’s house arrest, urge groups

Three civil society groups have urged all parties to allow the court to resolve legal ambiguities surrounding former prime minister Najib Razak’s house arrest before the arrangement is implemented.

Projek Sama, Bersih and the Center to Combat Corruption and Cronyism (C4 Center) said the Attorney-General’s Chambers (AGC) had flagged a serious ambiguity, if not an error, in the Kuala Lumpur High Court order dated Nov 6.

In a joint statement, they said the wording of the order could result in Najib’s six-year prison sentence in his SRC International case being treated as having been completed.

They added that if Najib’s SRC sentence was legally deemed to have been completed, his 15-year prison term in the 1MDB-Tanore case should begin immediately.

They commended the AGC for identifying the ambiguity in the High Court order and said it should not face political pressure or punishment for carrying out its duties.

The groups warned that denying the AGC an opportunity to seek clarification would undermine the rule of law and erode public and international confidence in Malaysia’s governance and economy.

“Any attempt to make this ambiguity or error unchallengeable in court fundamentally undermines the rule of law and alters the basic character of Malaysia as a constitutional monarchy grounded in parliamentary democracy,” they said.

The groups said differing interpretations of constitutional and legal provisions between institutions were not unusual, and that it was the judiciary’s role to interpret and resolve such disputes.

They also said a brief delay to allow judicial clarification would ultimately benefit Najib if his house arrest arrangement was constitutionally and legally sound.

“Najib must refrain from rushing this process so as not to further undermine the rule of law and public confidence in parliamentary democracy,” they said.

The groups added that neither political pressure nor public campaigns should be allowed to hasten the implementation of an order whose legal status remained unsettled.

They also called on the AGC to disclose the attorney-general’s written opinion on Najib’s house arrest application, saying the public had a right to know the legal basis and regulatory framework governing the arrangement.

The groups reiterated their call for the full disclosure of all relevant documents, including the attorney-general’s written submission, the federal territories minister’s position, the minutes of the Federal Territories Pardons Board meeting and any legal or regulatory instruments regarding Najib’s house arrest.

“Those who truly believe in the validity of Najib’s pardon and house arrest should support this call,” they said, citing the Malay proverb: “Berani kerana benar, takut kerana salah (those who are right have nothing to fear).”

The AGC has stressed that its request to defer the implementation of Najib’s house arrest was not intended to dispute, set aside or suspend the conditional pardon order granted by the Yang di-Pertuan Agong.

In a statement yesterday, the AGC said the issue in question was the legal effect of the Order of Discharge issued by the Kuala Lumpur High Court following the payment of Najib’s RM50 million fine on Friday.

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