KUALA LUMPUR: Datuk Seri Najib Razak’s lawyer has accused the attorney-general of “moving the goalposts” over his client’s house arrest documents, as questions over when the former prime minister will be transferred out of Kajang Prison persist.
Muhammad Farhan Muhammad Shafee said Attorney-General Tan Sri Mohd Dusuki Mokhtar’s remarks on Monday appeared to be a shift from the Attorney-General’s Chambers’ (A-GC) earlier position.
Dusuki had flagged “glaring” errors in official judicial documents relating to the implementation of Najib’s house arrest, particularly in their terminology and legal provisions.
“But on Friday, the A-GC said there were two possible interpretations. On Saturday, it said the question was the legal effect of the court’s Order of Discharge,” Farhan said.
“Then yesterday (Sunday), the A-G said the court order contains obvious errors. So which is it? Is the A-GC saying there are two possible interpretations, or that the order itself is defective?”
He said the different complaints about the documents would each require a different remedy.
“It is hard for us to respond with precision when the maker of these statements keeps moving the goalposts.”
He also disputed claims that ambiguity had arisen over the matter.
“First, everyone should understand how orders are made in criminal cases. They are prepared and issued by the court.
“The defence does not draft them or settle their wording. This is different from civil cases, where the lawyers usually prepare a draft for the court to approve.”
He said this was important because the Order of Discharge must be read as written by the court and as a whole.
The document was titled “Order of Discharge on Payment of Fine” and recorded that the RM50 million fine had been paid, he said.
It also recorded that the remainder of Najib’s sentence was to be served under house arrest, as provided for in the conditional pardon, he added.
“All the order does is deal with the fine, which has now been paid, and confirm that the pardon must be carried out.
“There is nothing in it that needs interpreting.”
Farhan said Najib’s legal team had not received any official correspondence from the A-GC outlining its complaints or concerns.
“So we are left to figure things out from their media statements,” he said, adding that the team remained uncertain about when Najib would be transferred out of Kajang Prison.
Najib had been expected to move to his Jalan Langgak Duta residence on Friday to serve the remainder of his jail term in the SRC International case under house arrest.
However, the transfer did not take place after the A-GC proposed temporarily deferring the arrangement pending judicial clarification on the legal effect of the High Court’s discharge order.
The decision drew a rebuke from Istana Negara, which said any attempt to dispute the conditional pardon granted to Najib could amount to defying the Yang di-Pertuan Agong’s decree.
Istana Negara said all conditions stipulated in the conditional pardon order had been fulfilled and that its implementation should not give rise to prolonged confusion or uncertainty.
Prime Minister Datuk Seri Anwar Ibrahim has instructed Dusuki to seek
an audience with His Majesty Sultan Ibrahim, King of Malaysia, to explain the matter. So far, no date has been confirmed.
Najib began serving his 12-year jail sentence in August 2022. In 2024, the Pardons Board halved his jail term and reduced his RM210 million fine to RM50 million.
In September, Najib, 73, received a conditional pardon from the king, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.