Home Ministry to follow AGC's advice on Najib’s house arrest
The Home Ministry will adhere to the Attorney-General’s Chambers’ (AGC) advice for the courts to clarify details on the implementation of former prime minister Najib Abdul Razak’s house arrest.
Home Minister Saifuddin Nasution Ismail’s affirmation came amid an ongoing dispute between the AGC and Najib’s lawyers over a Kuala Lumpur High Court order issued following Najib’s payment of his RM50 million fine.
While the order was initially expected to pave the way for Najib to serve the remainder of his prison sentence under house arrest...
The Home Ministry will adhere to the Attorney-General’s Chambers’ (AGC) advice for the courts to clarify details on the implementation of former prime minister Najib Abdul Razak’s house arrest.
Home Minister Saifuddin Nasution Ismail’s affirmation came amid an ongoing dispute between the AGC and Najib’s lawyers over a Kuala Lumpur High Court order issued following Najib’s payment of his RM50 million fine.
While the order was initially expected to pave the way for Najib to serve the remainder of his prison sentence under house arrest, the AGC’s call for an immediate temporary suspension of any such move has left his release from Kajang Prison in limbo.
Speaking to reporters in Kedah today, Saifuddin said the Home Ministry had referred the High Court’s discharge order to the AGC after Najib paid the fine, seeking clarity on its execution.
He said the attorney-general had provided a legal view, but Najib’s lawyers responded with a differing interpretation, making it necessary for the matter to be clarified in court.
“Whatever the decision, the Home Ministry, specifically the Prison Department, will execute it in accordance with legal directives,” he added.
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The AGC earlier today denied defying the conditional pardon granted to Najib by the Yang di-Pertuan Agong, arguing that the High Court’s discharge order had two distinct legal implications concerning his sentence.
Asserting that the matter has resulted in legal questions which should not be determined unilaterally, the AGC highlighted that the best course of action now would be to seek a clear determination and direction from the court concerning the legal effect of yesterday’s discharge order.
The AGC maintained that seeking clarification was not intended to delay or thwart the execution of the conditional pardon, but to prevent conflicting interpretations and ensure that no sentence was carried out unlawfully.
READ MORE: 'Why was RM50m accepted?': Najib's daughter slams delays in house arrest
Lawyers challenge AGC's stance
The dispute over the pardon comes amid a decree by Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar that any argument disputing Najib’s conditional pardon could be tantamount to defying the King's orders.
Rejecting the AGC's legal position, Najib’s lawyers pointed out that Attorney-General Dusuki Mokhtar is a member of the Pardons Board and attended its Sept 18 meeting, which resulted in Najib receiving the conditional pardon.
They also questioned why Najib should remain in Kajang Prison when Saifuddin had already exercised his powers under Section 3 of the Prisons Act 1995 to declare the former prime minister’s 4,558.97-square-metre (49,072-square-foot) home at Jalan Langgak Duta a prison.
“Whatever the AGC’s concerns over the effect of the pardon, they provide no reason to keep our client in one prison and not the other,” Messrs Shafee & Co said in a statement last night.
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