Najib house arrest could raise wrongful detention issue, says Malaysian Home Minister

KLEBANG, Malaysia – Sending former prime minister Najib Razak to house arrest without first resolving the legal meaning of an order of “discharge” could potentially expose the authorities to a claim of wrongful detention, said Malaysian Home Minister Saifuddin Nasution Ismail.Saifuddin said the issue arose from what he described as two differing interpretations: the Pardons Board’s decision for Najib to serve the remainder of his sentence under house arrest, and an order of discharge which could mean he must be released from prison custody.“If the court says it means release, then the Prisons Department must release Najib under that order.“But if, instead, we send him to house arrest, it could become wrongful detention and so on. It could happen,” he told reporters on Nov 9.Saifuddin stressed that he was not suggesting the Home Ministry opposed the Pardons Board’s decision or the Malaysian King’s exercise of constitutional powers.He said the ministry had received the Pardons Board secretary’s letter and would comply with the decision, which he said included Najib being placed under house arrest after paying RM50 million (S$15.8 million).“There is not one sentence, one comma or one matter that we have changed. We respect and comply with the Pardons Board’s decision,” he said.Under house arrest, he said, Najib would still be serving the remainder of his sentence, with the Prisons Department retaining authority over him at a gazetted residence rather than Kajang Prison.But if the court order’s use of the word “discharge” amounted to a full release, Saifuddin said the Prisons Department would no longer have such authority.“How are we to act when the order of discharge states ‘discharge’, while the Pardons Board says house arrest? House arrest and release are different,” he said.Saifuddin said the Attorney-General had been asked for an opinion and the issue would be brought before the courts.“When there are two interpretations, the court is the best platform. The Home Ministry will comply with and respect the court’s decision,” he said.Najib is serving his sentence following his SRC International conviction. Saifuddin said Najib had also been convicted in a separate case linked to 1Malaysia Development Bhd (1MDB), and had exercised his rights through the legal appeal process. THE STAR/ASIA NEWS NETWORK