Malaysia’s King affirms royal prerogative on ex-PM Najib’s house arrest, warns against questioning order

PETALING JAYA - There is no ambiguity in the conditional pardon order allowing Malaysia’s former prime minister Najib Razak to serve the remainder of his prison sentence under house arrest, said Istana Negara.In a statement, Istana Negara said Malaysia’s King, Sultan Ibrahim Iskandar’s order was clear and should not be subject to differing interpretations or prolonged uncertainty over its implementation.“The Federal Territories Pardons Board had considered Najib’s petition under Article 42 of the Federal Constitution during its meeting on Sept 18.“The meeting was also attended by the Federal Territories Minister and the Attorney General, who provided the appropriate advice to His Majesty,” the statement said on Nov 7. Following the meeting, Sultan Ibrahim decreed that Najib could serve the remainder of his prison sentence under house arrest, subject to the condition that he paid the RM50 million (S$15.7 million) fine.“This conditional pardon order is clear, explicit, and free from any ambiguity, and it is not linked to any other cases against him,” the statement read.The statement also said there should be no confusion over the interpretation of the order or any prolonged uncertainty surrounding the implementation of the decision that had received royal assent.Istana Negara also further emphasised that the power of pardon was a royal prerogative provided for under Article 42 of the Federal Constitution.“The exercise of this power must be respected in accordance with the position of the constitutional monarchy and the principles of the rule of law.“Since all conditions stipulated in the conditional pardon order had been fulfilled, any arguments disputing the order will amount to disregarding His Majesty’s decree,” the statement added.The statement comes amid developments surrounding the implementation of Najib’s house arrest, which was expected to begin after the RM50 million fine imposed on him in the SRC International Sdn Bhd case was settled.On Nov 6, Najib’s lawyer Muhammad Farhan Muhammad Shafee confirmed that the fine had been paid by Umno to the Kuala Lumpur High Court registry.He said the court had subsequently issued an order for Najib to serve the remainder of his sentence under house arrest, adding that the necessary documents would be delivered to the Kajang Prison authorities.However, the Attorney General’s Chambers (AGC) later called for the implementation to be temporarily deferred pending clarification of legal questions surrounding the conditional pardon order and its implications for Najib’s remaining prison sentence.The AGC said the questions included whether payment of the fine merely fulfilled the financial condition while the prison sentence continued, or whether the payment meant the entire SRC sentence was deemed completed.Najib was sentenced to 12 years in prison and fined RM210 million in 2020 after being found guilty of abuse of power, criminal breach of trust and money laundering involving RM42 million belonging to SRC International.In January 2024, the Federal Territories Pardons Board announced that his prison sentence had been reduced to six years, while his fine was lowered to RM50 million.The latest conditional pardon, announced on Sept 18, allows him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the stipulated conditions. THE STAR/ASIA NEWS NETWORK