Former prime minister Najib Abdul Razak’s ability to pay the conditional RM50 million fine for his transfer to house arrest partly depends on matters outside his control, according to his lawyer, Shafee Abdullah.

In a statement issued on his client’s behalf, Shafee said a “significant part” of Najib’s assets, bank accounts, and properties remained subject to freezing orders and government enforcement proceedings, which means he did not have sole control over their disposal.

Shafee said Najib and his legal team were studying the terms of the conditional pardon and their practical implications, and that he was taking advice and considering his options on how best to fulfil the condition.

“In the meantime, and until the fine is paid to the court, our client remains in Kajang Prison. Our client and our legal team are studying those terms and their practical implications.

“While our client is deeply touched by these expressions of solidarity, he does not wish the party, its members and supporters, or members of the public to feel burdened or obliged on his account.

“He remains profoundly grateful to those who, entirely of their own free will and according to their respective means, have chosen to offer their support and assistance. Their kindness is a source of great strength to him at this time,” Shafee (below) added.

He said Najib particularly expressed his gratitude to Deputy Prime Minister Ahmad Zahid Hamidi, who is also Umno president and BN chairperson, and to Umno supreme council members and BN members who have stood by him throughout.

Pardon for SRC, not 1MDB

On Friday, Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar, who chairs the Pardons Board, granted Najib a conditional pardon allowing him to serve the remainder of his jail sentence under house arrest.

Meanwhile, the Prison Department urged all parties to rely on official sources and refrain from speculating about the implementation of Najib’s conditional pardon.

“The department will implement any decision or directive received in an orderly, professional, and accountable manner, in accordance with the law and the determinations of the relevant authorities,” the department said in a statement today.

It also reiterated Home Minister Saifuddin Nasution Ismail’s statement yesterday that the Home Ministry and the department are still awaiting formal written notification of the decision before determining further actions to implement it.

However, the clemency comes with a caveat: Najib must pay a RM50 million fine and comply with all conditions imposed under the pardon.

The same day, Attorney-General Dusuki Mokhtar told Malaysiakini that the conditional pardon granted to Najib only applies to the jail sentence imposed in his SRC International case.

Dusuki’s (above) clarification means Najib may have to return to prison as he still faces several other criminal cases in court.

These include a 1MDB case in which the Kuala Lumpur High Court convicted the former prime minister on 25 charges and sentenced him to 15 years in jail and an RM11.38 billion fine last year. Najib is appealing the conviction.

Loke quits

Last night, Transport Minister Anthony Loke said he will resign from the cabinet over the conditional pardon granted to Najib.

Loke announced his decision after DAP's central executive committee (CEC) meeting yesterday.

“After three hours of discussions and debates, we have reached a decision. I have offered to submit my resignation as transport minister to the prime minister,” Loke said in a press conference at the DAP headquarters.

“The other DAP cabinet members will remain in the government,” Loke added.

Loke said DAP, however, respected the decision regarding the pardon granted by the Pardons Board, made by Sultan Ibrahim.

Elaborating, Loke said he was the only one offering to resign to ensure that the government led by Prime Minister Anwar Ibrahim remained stable.

He said if all DAP cabinet members resigned, it may cause the government to fall, as its opponents are hoping for.

In a statement on Facebook, DAP Women’s wing chief Teo Nie Ching said the decision was not made lightly and required intense deliberation.

She also urged the government to release the official minutes of the Pardons Board meeting.