King's decree already answered A-GC's questions, says Najib's lawyers

KUALA LUMPUR: The decree by His Majesty Sultan Ibrahim, King of Malaysia on Datuk Seri Najib Razak's conditional pardon had already addressed all questions raised by the Attorney-General's Chambers (AGC), his lawyers said.

In a statement, Messrs Shafee & Co, representing the former prime minister, said the decree issued through Istana Negara today had made clear that the Conditional Pardon Order dated Sept 18 was issued by the Yang di-Pertuan Agong under Article 42 of the Federal Constitution.

They said His Majesty had specifically emphasised that the order was "clear, explicit and unambiguous", was not connected to any other cases involving Najib, and that all its conditions had been fulfilled.

The lawyers also noted that the Pardons Board meeting at which the advice on the order was presented to the King had been attended by the Attorney-General himself.

They said the King's decree had also stressed that there should be no confusion over the order's interpretation or prolonged uncertainty over its implementation.

Shafee & Co said the A-GC could not rely on the High Court's Order of Discharge on Payment of Fine, issued on Friday following Najib's payment of the RM50 million fine, to alter the terms of the royal decree.

The lawyers argued that the court order must be read in its entirety, including its title and recital confirming that the fine had been paid.

They said payment of the fine discharged Najib's liability to pay it but did not, by itself, terminate his prison sentence.

They also said that the same court order recorded that Najib was to serve his sentence under house arrest in accordance with the Pardon Order, which they said had been acknowledged by the A-GC on Friday.

The lawyers maintained that the conditional pardon was an exercise of the King's prerogative under Article 42, adding that neither the courts nor the Attorney-General could reopen the manner in which the King had exercised that power after receiving the Pardons Board's advice.

They argued that the High Court order implementing the pardon after recording payment of the RM50 million fine could not change the terms of the King's decree.

On the A-GC's latest response, Shafee & Co said the former had issued another media statement at 12.42pm today, 57 minutes after the King's decree, but had made no reference to it.

They said the A-GC had also neither withdrawn its Nov 6 statement announcing a temporary suspension of the house arrest arrangement nor confirmed that the suspension had been lifted.

Earlier, the Prime Minister's Office (PMO) said the Attorney-General had sought an audience with His Majesty Sultan Ibrahim, King of Malaysia, to explain his position on the matter.

The PMO said Attorney-General Tan Sri Mohd Dusuki Mokhtar would also explain legal questions arising from the High Court's release order following payment of the RM50 million fine, which was a condition for Najib's house arrest.

It said the issues must be determined by the court as they have implications for the commencement date of Najib's prison sentence in the 1Malaysia Development Bhd (1MDB) case.

Istana Negara today said the conditional pardon granted to Najib on Sept 18 was clear, explicit and unambiguous, and unrelated to any other cases involving him.

The palace said all conditions imposed under the pardon had been fulfilled, warning that any attempt to dispute the order would amount to defying the King's decree.