Malaysia's king says Najib's conditional pardon is unambiguous, warns against disputing it

KUALA LUMPUR: Malaysia's king Sultan Ibrahim Sultan Iskandar said on Saturday (Nov 7) that the conditional royal pardon allowing former prime minister Najib Razak to serve the remainder of his prison sentence under house arrest is clear and unambiguous, warning that any attempt to dispute the order would amount to defying the monarch's decree.

The king's assertion comes a day after the Attorney-General's Chambers (AGC) called for Najib's transfer to house arrest to be temporarily suspended, citing complex legal questions over the interpretation of the royal pardon and its implications for a separate prison sentence imposed on the former leader.

In a statement (Nov 7), Sultan Ibrahim said that the conditional pardon was not related to any of Najib's other cases and that all the conditions stipulated in the order had been fulfilled.

“This conditional pardon order is clear, explicit and without any ambiguity, and is not related to any other cases involving him,” the king said.

“There should be no confusion in its interpretation, nor should there be prolonged uncertainty over the implementation of the decision that has been granted.”

The king also said that the power to grant pardons is a royal prerogative under Article 42 of Malaysia's Federal Constitution.

“The exercise of this power must be respected in accordance with the position of the Constitutional Monarchy and the principle of the rule of law,” Sultan Ibrahim said.

“Given that all the conditions stipulated in the conditional pardon order have been fulfilled, any argument disputing the order would amount to defying the command of His Majesty the Yang di-Pertuan Agong.”

The statement did not explicitly direct the AGC to withdraw its position or reverse the proposed temporary suspension of Najib's house arrest.

AGC CITES LEGAL UNCERTAINTY

The king's remarks follow a dispute between Najib's lawyers and the AGC on Friday over the implementation of Najib's conditional pardon, which would allow him to serve the remainder of his sentence in the SRC International corruption case under house arrest.

The AGC called for a temporary suspension of the house arrest arrangement, arguing that further legal clarification was needed before it could be implemented.

The AGC said there were two possible interpretations of the pardon following Najib's payment of a RM50 million (US$12.3 million) fine.

The AGC said further clarification was needed on whether Najib's payment of the fine meant he must continue serving his sentence under house arrest until Aug 23, 2028, or whether the sentence should be considered completed.

The distinction is significant because of Najib's separate conviction in the 1Malaysia Development Berhad (1MDB) case, for which he was sentenced to 15 years in prison, 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,” the AGC said.

The AGC mentioned that determining when the SRC International sentence ends would therefore have implications for when the separate 1MDB prison term should commence.

It also noted that Najib's application for a stay of execution of the 1MDB sentence and fine pending appeal had been dismissed by the High Court on Oct 14.

Describing the situation as unprecedented, the AGC said clear and definitive legal clarification was necessary before further steps could be taken to implement the royal pardon.

It maintained that the proposed temporary suspension was not intended to question or set aside the king's decree, but to ensure that the pardon and relevant court orders were implemented in accordance with the law.

The AGC also called for Najib's detention status to be maintained at his existing place of detention, subject to the powers and directions of the relevant authorities.

NAJIB'S LAWYERS CHALLENGE AGC POSITION

Najib's lawyers rejected the AGC's position on Friday, arguing that there was no lawful basis for keeping the former prime minister in Kajang Prison after he had fulfilled the conditions of the conditional pardon.

His legal team, Shafee & Co, said the payment of the RM50 million fine had satisfied the requirement for Najib to serve the remainder of his sentence under house arrest.

The lawyers also said the High Court had issued sealed orders authorising Najib's discharge from prison after the fine was paid.

They maintained that the AGC had no power to suspend or stay a royal pardon and that Najib's separate 1MDB proceedings had no bearing on the implementation of the pardon in the SRC International case.

"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," the lawyers said.

Najib, 73, has been imprisoned since 2022 following his conviction over the misappropriation of RM42 million from SRC International, a former subsidiary of 1MDB.

His original 12-year prison sentence was halved to six years by Malaysia's Pardons Board in 2024, while his fine was reduced from RM210 million to RM50 million.

In September this year, Sultan Ibrahim granted Najib a conditional pardon allowing him to serve the remainder of his sentence under house arrest, subject to payment of the RM50 million fine.

The fine was paid on Friday following a crowdfunding campaign organised by supporters of the former prime minister.

Despite the payment and preparations for his transfer to his residence in Kuala Lumpur, Najib remained in Kajang Prison on Friday evening amid the dispute over the implementation of the pardon.