KUALA LUMPUR: A single breach of his house arrest conditions could send Datuk Seri Najib Razak back to Kajang Prison, underscoring the tight restrictions governing his stay at home.
The New Straits Times learnt that the former prime minister will have almost no personal liberty under the house arrest conditions.
At his Jalan Langgak Duta residence, the 73-year-old former prime minister is barred from political activities, making media statements and receiving visitors without prior written permission.
Any breach would invalidate his conditional pardon and require him to serve the remainder of his sentence at Kajang Prison or another prison designated by the commissioner-general.
Najib is to serve the remainder of his SRC International sentence at home until Aug 23, 2028, subject to compliance with the conditions.
It is understood that the former Pekan member of parliament is also prohibited from organising or participating in events or gatherings anywhere, including at his residence.
It is also believed that his use of phones and other communication devices is restricted to those registered with the Prisons Department, solely for communicating with and reporting to his appointed house arrest officer.
It is understood that Najib must report to the officer when contacted through periodic telephone calls.
He is also prohibited from causing or exposing himself to media coverage or appearances on social media.
Only his wives, children, children-in-law and grandchildren may live with him without prior written permission.
The NST was made to understand that anyone else wishing to stay at the residence requires approval from the commissioner-general. Visitors must also obtain prior written approval.
Where circumstances reasonably prevent him from applying in writing to leave the residence, an oral application may be made. The commissioner-general must record the application and decision in writing.
It is learnt that throughout his house arrest, Najib remains under the control and supervision of prison authorities and must comply with their instructions which require him to maintain good behaviour, refrain from misconduct, obey all applicable laws and commit no criminal offence.
The commissioner-general may impose additional conditions when granting permission following an application from Najib.
Home Minister Datuk Seri Saifuddin Nasution Ismail is expected to address issues surrounding Najib’s house arrest in Parliament.
“I’ll answer all those questions in Parliament tomorrow (today),” he told NST.
Najib has received royal clemency twice over his SRC International sentence, first through a reduction in his jail term and fine, and later through permission to serve the remainder of his sentence under house arrest.
On Jan 29, 2024, his 12-year prison sentence was halved to six years, while his RM210 million fine was reduced to RM50 million.
Najib’s release date was consequently brought forward to Aug 23, 2028, with an additional year in prison if he failed to pay the fine.
Najib began serving his sentence on Aug 23, 2022, after the Federal Court dismissed his final appeal against his conviction and sentence.
On Sept 18 this year, he received a second conditional pardon allowing him to serve the remainder of his SRC sentence at his Jalan Langgak Duta residence until Aug 23, 2028.
The order did not shorten his sentence and was subject to payment of the RM50 million fine and compliance with the house arrest conditions.
The fine was paid on Nov 6, prompting the High Court to issue an order of discharge on payment of fine. His residence was also gazetted as a prison under the Prisons Act 1995 that day.
However, the wording of the discharge order sparked a dispute, with the prosecution maintaining that it incorrectly treated house arrest as an alternative to paying the fine.
The prosecution also said that treating the SRC sentence as completed would trigger the commencement of Najib’s separate 1Malaysia Development Bhd sentences, which were ordered to run after his SRC sentence and had to be served in prison.
The prosecution filed an application to rectify the discharge order on Nov 10.
High Court judge Datuk Aslam Zainuddin summoned both parties on Tuesday to address errors in the discharge order before replacing it with a fresh order allowing Najib to serve the remainder of his SRC International sentence under house arrest from that day.