KUALA LUMPUR: Attorney-general Tan Sri Mohd Dusuki Mokhtar yesterday questioned the diligence exercised in preparing official judicial documents for the implementation of Datuk Seri Najib Razak’s house arrest order.
Commenting on the Kuala Lumpur High Court’s Order of Discharge relating to the former prime minister’s sentence, which has raised questions among legal practitioners, he said such issues should not have arisen had the parties involved scrutinised every detail.
Dusuki said the defects identified in the document were glaring and should not have occurred.
“This should not have happened if the parties concerned had been careful. The mistake is glaring and has caused unnecessary problems,” he said.
The defects in question relate particularly to the accuracy of the terminology and legal provisions used in the document.
The document was issued by the High Court after the RM50 million fine imposed on the former Pekan member of parliament, as a condition for serving the remainder of his prison sentence under house arrest, was paid using funds collected through the Najib Razak Solidarity Fund launched by Umno.
However, the Attorney-General’s Chambers (A-GC) moved to temporarily suspend the implementation of Najib’s house arrest to allow the prosecution to seek further clarification on the actual interpretation of the Conditional Pardon Order granted by His Majesty Sultan Ibrahim, King of Malaysia.
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The A-GC’s decision drew criticism from Istana Negara, which said any arguments disputing the conditional pardon granted to Najib could amount to defying the Yang di-Pertuan Agong’s decree.
Istana Negara stressed that all conditions stipulated in the conditional pardon order had been fulfilled and that its implementation should not give rise to prolonged confusion or uncertainty.
It also maintained that the pardon order was clear, explicit and unambiguous, and had no bearing on any other cases involving Najib.
On the audience with Sultan Ibrahim, Dusuki declined to comment further.
However, it is understood that the audience could take place tomorrow.
On Sept 18, Najib, 73, who is a former Umno president, received a conditional pardon from the Yang di-Pertuan Agong, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.
He was sentenced to 12 years in prison and fined RM210 million after being found guilty by the Kuala Lumpur High Court on July 28, 2020, on seven charges relating to the misappropriation of RM42 million from SRC International.
On Aug 23, 2022, the Federal Court dismissed Najib’s final appeal and upheld his conviction and sentence. He began serving his prison term at Kajang Prison on the same day.
He subsequently submitted a pardon petition to the king on Sept 2, 2022. The application was considered at a Pardons Board meeting on Jan 29, 2024.
On Feb 2, 2024, the Legal Affairs Division of the Prime Minister’s Department announced the Pardons Board’s decision to reduce Najib’s prison sentence from 12 years to six years, while the fine was reduced from RM210 million to RM50 million.