Najib pays RM50 million fine, but his road home hits legal roadblock

KUALA LUMPUR – Former prime minister Najib Razak must remain in prison despite a court order allowing him to serve the remainder of his sentence under house arrest following payment of a RM50 million (S$15.7 million) fine, Malaysia’s Attorney-General’s Chambers (AGC) has said.The AGC on Nov 6 suspended temporarily the house arrest, the same day that Najib’s fine was paid and a High Court order was issued directing his release into house arrest.Najib’s lawyers have protested the AGC’s move, saying every condition set by the King in his pardon had been met and that there was no lawful reason for their client to remain in prison. They demanded that Najib be released immediately into house arrest, in a statement.The AGC in its statement raised questions on how Malaysia enforces royal pardons and court orders, with the outcome potentially determining when Najib begins serving a separate 15-year prison sentence linked to the multibillion-dollar 1Malaysia Development Berhad (1MDB) corruption scandal.At the heart of the dispute is whether payment of the fine ends Najib’s sentence in the SRC International corruption case or merely allows him to serve the remainder under house arrest until Aug 23, 2028. Najib had been serving a 12-year sentence from August 2022, with a royal pardon in 2024 halving the sentence and reducing a RM210 million fine to RM50 million.A second royal pardon in September 2026, a conditional one granted by the King, Sultan Ibrahim, allowed him to serve the rest of the sentence under house arrest, subject to payment of the fine and other conditions.In its statement, the AGC said the case involved “complex legal questions” over the implementation of the royal pardon and court orders, describing the situation as unprecedented.“During this period, Najib’s detention status should remain unchanged at his current place of detention, subjected to the powers and directions of the relevant authorities,” the statement read.The AGC stressed that the decision was “not intended to challenge or set aside” the King’s decree but to ensure the royal pardon and court orders were implemented in accordance with the law.A supporter showing up near Najib Razak's residence with self made badges and stickers. ST PHOTO: LOK JIAN WENNo timeline was provided for a resolution.The AGC stated that further legal review is necessary to determine whether payment of the RM50 million fine merely allowed Najib to serve the remainder of his SRC International sentence under house arrest or effectively brought that sentence to an end.The distinction is crucial because Najib faces a separate sentence in the 1MDB case, which the court ordered to begin only after the SRC sentence is fully completed.Additionally the AGC is also examining the legal implications of the High Court’s Nov 6 order directing Najib’s immediate release while requiring him to remain under house arrest until Aug 23, 2028, as well as the court’s Oct 14 rejection of an application to stay his 1MDB sentence.It said “clear and definitive legal clarification” was needed before further action could be taken.Najib’s fine was paid on Nov 6 by his party the United Malays National Organisation (UMNO), which raised the money through public donations.On the same day, Home Minister Saifuddin Nasution Ismail gazetted Najib’s Langgak Duta residence as a prison under the Prison Act 1995, a legal step towards allowing him to serve his sentence under house arrest.About 100 journalists gathered along Jalan Langgak Duta near Najib’s home, some arriving as early as 11am, near an area cordoned off by police, following news that he had paid the fine.People gathering along Jalan Langgak Duta in Kuala Lumpur, where Najib’s home is, following news that he paid the fine on Nov 6. ST PHOTO: LOK JIAN WENThe influx of vehicles caused traffic congestion in the exclusive Taman Duta neighbourhood.Some 10 supporters wearing homemade Najib badges and stickers also gathered in the area despite heavy rain. They dispersed at around 5.45pm after news emerged that his house arrest had been suspended.Earlier in the day, the 73-year-old former leader was seen leaving Kajang Prison in a silver vehicle accompanied by a convoy prompting speculation that his house arrest had begun. However, local media reported that he was apparently taken to Kuala Lumpur Hospital for a medical examination, including dental treatment, rather than being transferred home.The prospect of Najib returning home has also exposed political tensions within Prime Minister Anwar Ibrahim’s coalition government.At a press conference in Putrajaya on Nov 6, Transport Minister Anthony Loke warned that allowing Najib to serve his sentence under house arrest could send “the wrong message to future generations”.Loke reiterated that he would resign immediately after Najib returned home to protest the move to allow the house arrest. Anwar, meanwhile, said he disagreed with UMNO’s decision to pay Najib’s fine but acknowledged it was the party’s prerogative.“Personally I disagree,” he told reporters, warning that the payment should not create the impression that corruption involving billions of ringgit could simply be overlooked.Police stand guard outside the residence of jailed former prime minister Najib Razak in Kuala Lumpur, on Nov 6. PHOTO: REUTERS“We must uphold firm moral principles that reject abuse of power and corruption,” he said.Najib, who led Malaysia from 2009 to 2018, was jailed after exhausting his appeals against his conviction for misappropriating RM42 million from SRC International, a former subsidiary of 1MDB.The 1MDB scandal, in which US investigators say about US$4.5 billion (S$5.76 billion) was misappropriated from the state fund, triggered investigations across several countries and contributed to Najib’s government’s historic defeat in the 2018 general election.Additional reporting by Lok Jian WenSign up for our weekly Asian Insider Malaysia Edition newsletter to make sense of the big stories in Malaysia.