AGC insists it is not challenging Najib’s conditional pardon

The Attorney-General’s Chambers says its request to defer the implementation of Najib Razak’s house arrest was not an attempt to dispute the conditional pardon granted to the former prime minister.

Instead, it said, the issue in question was the legal effect of the Order of Discharge issued by the Kuala Lumpur High Court yesterday following the payment of Najib’s RM50 million fine.

“The AGC stresses that it does not in any way dispute, set aside or intend to suspend the conditional pardon order granted by His Majesty the Yang di-Pertuan Agong.

“The AGC has always upheld the rule of law, respected the position of the institution of the Yang di-Pertuan Agong, and recognised His Majesty’s prerogative of pardon as provided for under Article 42 of the Federal Constitution.

“In this regard, it is inaccurate to equate the AGC’s position that a legal question requires determination by the court with allegations that the attorney-general has usurped His Majesty’s prerogative of pardon, ” it said in a statement.

The AGC also stressed that the issue it raised does not concern the validity or authority of the order for the conditional pardon.

It highlighted the Kuala Lumpur High Court’s Order of Discharge to the prisons department, which states: “And whereas the said fine amounting to RM50 million has now been paid into this court: This is to authorise you to discharge the said Najib Razak […] forthwith.”

The same court order also states that Najib is to serve the remainder of his sentence under house arrest until Aug 23, 2028.

“The dispute arose on the scope and effect of the discharge order – whether it focused solely on the payment of the fine and allowed him (Najib) to serve the remaining SRC International sentence on house arrest, or if the discharge order meant that his (six-year) sentence had been completed,” the AGC said.

It reiterated that the purported completion of Najib’s current SRC International jail sentence has a bearing on his 1MDB case sentence.

The High Court had ordered Najib to serve his 15-year sentence for abuse of power and money laundering after his SRC International sentence ended.

The AGC said if the SRC International sentence is still in force, the remaining term should be served in accordance with the conditional pardon order.

“However, if the sentence has been legally completed, the implications for the start of Najib’s prison term in the 1MDB case must be determined.

“These two scenarios have different legal implications and should not be decided based on assumptions or one-sided interpretations.”

The AGC said the legal implications of the court order should be referred to the court immediately to obtain a clear determination and directions.

“This step is not intended to undermine or frustrate the implementation of the conditional pardon, but rather to avoid any conflict in the implementation of valid orders and ensure that no sentence is enforced unlawfully,” it said in response to Najib’s legal team, Shafee & Co, which accused the attorney-general of acting beyond his authority, disobeying royal decrees, and unlawfully continuing Najib’s detention.

Istana Negara said today the king emphasised that the conditional pardon order is clear, explicit and unambiguous, and is not related to any other cases involving the former prime minister.

Subscribe to our newsletter and get news delivered to your mailbox.