A-GC has grounds to seek clarification on Najib's discharge order, says Ramkarpal

KUALA LUMPUR: The Attorney-General's Chambers has valid grounds to seek judicial clarification over Datuk Seri Najib Razak's discharge order.

DAP national legal bureau chairman Ramkarpal Singh said the High Court's Order of Discharge on Payment of Fine, issued on Nov 6, appeared to require the former prime minister to be released immediately and unconditionally following the settlement of his RM50 million fine.

He pointed out that this directly contradicted the Yang di-Pertuan Agong's Conditional Pardon Order dated Sept 18, which stipulated that Najib must serve the remainder of his SRC International sentence under house arrest until 2028.

"The position taken by the Attorney-General's Chambers on the Order of Discharge issued by the High Court has merit and in no way questions the prerogative of the Yang di-Pertuan Agong," he said in a statement on his Facebook page.

Ramkarpal noted that the term "discharge" could be construed as an outright release under the Prisons Act 1995, creating an urgent legal conflict.

"It, therefore, appears that the said Order of Discharge requires Najib to be released unconditionally and immediately upon its issuance, as the RM50 million fine has already been paid.

"This is clearly contrary to the said Conditional Pardon Order itself, which requires Najib to be placed under house arrest to continue serving the remainder of his sentence for the SRC case," he said.

The Bukit Gelugor member of parliament added that the issue was further complicated by Najib's subsequent sentence in the 1Malaysia Development Bhd (1MDB) case, which he must serve immediately after the SRC sentence without any stay of execution in place.

Ramkarpal said while Najib's residence had been gazetted as a prison for the SRC matter, that status was unlikely to apply to the 1MDB sentence.

"If the said Order of Discharge is interpreted to mean that Najib has been released from his sentence in respect of the SRC case... it follows that he will have to immediately start serving his sentence for his 1MDB conviction at the Kajang Prison and not at his residence," he said.

He stressed that an application for clarification or revision of the order must be made to the High Court before Najib is transferred to his home.

"Such clarification or revision would not seek to clarify the terms of the said Conditional Pardon Order (which are clear) but instead seeks to remedy a potential error in the said Order of Discharge relating to the administration of justice," he added.

The Home Ministry had said that it was leaving it to the courts to resolve conflicting interpretations of the law concerning the implementation of house arrest for Najib.

Its minister, Datuk Seri Saifuddin Nasution Ismail, said they had never disputed the Pardons Board's decision but required legal clarification to ensure that any action taken complied with the proper procedures and fell within the relevant authorities' jurisdiction.