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Malaysian Paper

/thesundaily /

Najib’s house arrest bid dismissed

o Alleged addendum was neither deliberated upon nor approved by Pardons Board, says judge

Ű BY THE SUN TEAM newsdesk@thesundaily.com

the Pardons Board meeting showed the only action taken by the Yang di Pertuan Agong was the reduction of Najib’s prison term and fine, with no discussion or recommendation recorded on house arrest. Loke stressed that the Yang di Pertuan Agong acts as a constitutional monarch and must exercise the prerogative of mercy within the legal framework. “Any exercise of this power must comply with safeguards set out in the Constitution. The alleged addendum does not meet these requirements and cannot be considered valid,” she said. She also rejected arguments that the order could be treated as a “respite” independent of the Pardons Board. The judge said Malaysian law vests discretion over release on licence solely in the commissioner general of prisons, rendering house arrest under the alleged addendum unenforceable. Najib’s legal team, led by Tan Sri Mohamed Shafee Abdullah, said they would appeal the High Court decision. Speaking after the ruling, Mohamed Shafee said the defence would seek an early written judgment

KUALA LUMPUR: The High Court yesterday rejected Datuk Seri Najib Abdul Razak’s bid to serve the remainder of his prison sentence under house arrest, ruling that the alleged addendum authorising such a move was invalid. Justice Alice Loke Yee Ching said the purported addendum dated Jan 29, 2024 was neither deliberated upon nor approved during the 61st meeting of the Pardons Board, according to Bernama. As a result, Najib must continue serving his sentence at Kajang Prison. “The respondents have no power and no duty to obey or enforce it. Conversely, the applicant has no right to the relief of mandamus . “The judicial review is therefore dismissed. I make no order as to costs.” Najib, 72, had sought a mandamus order to compel the home minister, the commissioner general of prisons, the attorney general, the Federal Territories Pardons Board and several other officials to confirm and enforce the alleged addendum. The court noted that minutes of PETALING JAYA: The High Court was bound by law to dismiss Najib’s application to serve the remainder of his prison sentence under house arrest because the bid was legally flawed from the outset, said former de facto law minister Datuk Seri Nazri Aziz. Nazri said the outcome was inevitable as the purported royal addendum relied upon by Najib failed to comply with mandatory procedures governing decisions of the Pardons Board. The former Umno vice-president said any decision involving a royal pardon or conditions attached to it must be deliberated and approved by a full quorum of the Pardons Board during a properly convened meeting. “All decisions must be made by a full quorum of the Pardons Board. It cannot be an afterthought,” Nazri told theSun when contacted. He explained that the alleged addendum allowing Najib to serve his sentence under house arrest did not meet this basic legal requirement. “The addendum given to Najib was added after the sentence reduction, making it an afterthought,” he said, adding that such a process is not recognised under the law. Asked whether Najib could pursue the matter at the Court of Appeal, Nazri said the decision now rested entirely with the former prime minister. “That is up to Najib. He has the right to appeal but he must first seek Ű BY IKHWAN ZULKAFLEE newsdesk@thesundaily.com

A supporter looking dejected following the High Court’s decision. – ADIB RAWI YAHYA/THESUN

petition for a royal pardon. Present in court were Najib’s wife Datin Seri Rosmah Mansor, his brother Tan Sri Nazir Razak and his children Datuk Mohd Nizar, Datuk Mohd Nazifuddin and Puteri Norlis.

International case involving the misappropriation of RM42 million. His original 12-year jail term and RM210 million fine were reduced by the Pardons Board in September 2022 to six years’ imprisonment and a RM50 million fine after his

and prepare the appeal record promptly to move the case to the Court of Appeal and potentially the Federal Court. Najib has been serving his sentence since Aug 23, 2022, following his conviction in the SRC

‘Flawed process sealed court outcome’

Court ruling triggers divided political responses PETALING JAYA: The High Court’s rejection of Najib’s bid to serve the remainder of his prison sentence under house arrest drew mixed reactions, with Umno leaders questioning the fairness

“I believe Najib can only be freed through a new royal pardon,” Lokman told theSun via WhatsApp. “His future depends on His Majesty.” The ruling also drew criticism from MCA Youth information chief Neow Choo Seong, who condemned a Facebook post by DAP’s Puchong MP Yeo Bee Yin celebrating the High Court’s decision. “As human beings, we should never rejoice in the suffering and hardship of others. “The prayers of those who are oppressed are often answered, sooner or later,” he wrote. Meanwhile, Pekan Umno Youth deputy chief Mohd Hazwan Md Ghazali said support for Najib remains unwavering. “Our support remains firm and will not change. We deeply miss him. It has been nearly three years since his imprisonment. We and the local community are saddened and disappointed by today’s decision.” He declined to comment on whether Pekan Umno would table a motion to withdraw support for Prime Minister Anwar Ibrahim’s Madani government. Meanwhile, criminologist Datuk Shahul Hamid Abdul Rahim said Najib still has the option of appealing the High Court’s decision at the Court of Appeal, subject to proper legal procedures. While the ruling may disappoint Najib and his supporters, Shahul Hamid said the judiciary’s decision must be respected, noting that the judge’s grounds appeared to have legal merit. – by Ikhwan Zulkaflee

of his trial and the court’s reasoning. Umno Supreme Council member Datuk Mohd Puad Zarkashi said the outcome was “widely expected” but insisted that Najib had not received a fair trial in his criminal breach of trust and money laundering conviction involving RM42 million linked to SRC International Sdn Bhd. In a Facebook post yesterday, Puad questioned whether there were parties intent on keeping Najib behind bars. “This drama has dragged on for two years. The addendum decree was concealed. The Court of Appeal’s decision was appealed by the attorney general. Who advised the AG to file the appeal?”he wrote. Puad also challenged the court’s reasoning, referring to High Court Judge Datuk Alice Loke’s finding that the alleged addendum decree was issued outside a Pardons Board meeting. “But why was the pardon of PMX (Datuk Seri Anwar Ibrahim) considered valid even though, at the time, the attorney-general and the federal territories minister had yet to be appointed?”he added. Umno is expected to discuss its next steps in defending Najib at the party’s general assembly on Jan 15. Another Umno Supreme Council member Datuk Lokman Noor Adam suggested that Najib should submit a fresh royal pardon petition.

Supporters gathered at the High Court during proceedings. – ADIB RAWI YAHYA/THESUN

court after being concealed for such a long time,” Akmal wrote on his Facebook page. He pointed to what he described as an inconsistency in how royal decrees have been treated, noting that in the past, a decree by the Yang di-Pertuan Agong had been used as the principal basis for the formation of a government. “But when it comes to this issue today, the decree is suddenly said to be invalid,” he said, adding that such contradictions would not go unnoticed by the public. “The people are able to assess and judge for themselves.” However, Akmal declined to comment further when contacted.

leave from the court to do so,” he said. Meanwhile, Umno Youth chief Dr Muhamad Akmal Saleh said the public was capable of judging the controversy surrounding the alleged addendum decree, which the court has now ruled invalid, despite it having remained out of public knowledge for a prolonged period. He said this was notwithstanding an earlier statement by the Pahang Palace confirming that the addendum decree had been issued by the Sultan of Pahang Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah when he was serving as the Yang di-Pertuan Agong. “A decree of the Yang di-Pertuan Agong is now said to be invalid by the