KUALA LUMPUR: Datuk Seri Najib Razak could be detained beyond the period legally permitted if the courts do not clarify whether his SRC International prison sentence has ended, the Attorney-General’s Chambers (A-GC) warned today.
The A-GC said an urgent judicial determination was necessary not only to ensure the proper implementation of his conditional royal pardon but also to protect the former prime minister’s rights.
“If the court decides that the sentence in the SRC International case has ended, continued detention on the basis of that sentence could result in him being detained beyond the period he should serve.
“Conversely, if the sentence remains in force, its implementation must comply with the terms of the conditional pardon and any relevant court orders,” it said in a statement.
It said the legal effect of the Kuala Lumpur High Court’s discharge order, issued yesterday following payment of Najib’s RM50 million fine, should be referred to the court immediately.
It maintained that the move was not intended to prevent or frustrate the implementation of the royal pardon.
Instead, it said clarification was necessary to avoid conflicting interpretations of existing orders and ensure that no sentence was enforced unlawfully.
The A-GC said the discharge order raised questions over whether Najib should continue serving the remainder of his SRC sentence under house arrest or whether that sentence had legally ended.
The determination could also affect when his separate prison sentence in the 1Malaysia Development Bhd (1MDB) case begins.
The A-GC noted that the High Court had dismissed an application to stay the 1MDB sentence on Oct 14.
Its statement came after Najib’s lawyers, Messrs Shafee & Co, last night accused the A-GC of causing his unlawful detention by seeking to delay his transfer to house arrest.
The lawyers argued that all conditions of the conditional royal pardon had been fulfilled following payment of the RM50 million fine.
They maintained that keeping Najib at Kajang Prison violated Article 5(1) of the Federal Constitution, which protects personal liberty.
The legal team also questioned why the A-GC had not sought clarification earlier, given that the pardon was granted on Sept 18.
Najib was granted the conditional pardon by Sultan Ibrahim, allowing him to serve the remainder of his SRC International sentence under house arrest until Aug 23, 2028, subject to payment of the fine.