SHAH ALAM: Former prime minister Datuk Seri Najib Razak's lawyer, Muhammad Farhan Muhammad Shafee, has urged the authorities to immediately transfer his client from Kajang Prison to his residence at Jalan Langgak Duta to serve the remainder of his sentence under house arrest.
In a statement, Farhan said His Majesty Sultan Ibrahim, King of Malaysia, had made it clear through Istana Negara that the conditional pardon granted to Najib under Article 42 of the Federal Constitution was unambiguous, unrelated to any other case and that all its conditions had been fulfilled.
He also expressed gratitude to His Majesty, stressing that the royal decree should be implemented in accordance with its terms.
"We humbly thank His Majesty. The pardon is His Majesty's own order under Article 42 of the Federal Constitution.
"His Majesty has now made clear through Istana Negara that the order is clear and without any ambiguity, is not connected to any other case, and that all its conditions have been met.
"There is therefore no basis for the relevant authorities to keep Dato' Sri Najib in Kajang a moment longer.
"They must transfer him immediately to his residence at Jalan Langgak Duta to serve his house arrest, as His Majesty has ordered. Daulat Tuanku," he said.
His remarks followed a statement issued by Istana Negara in which Sultan Ibrahim affirmed that the implementation of Najib's conditional pardon, allowing him to serve the remainder of his prison sentence under house arrest, must be respected in accordance with the principles of Constitutional Monarchy and the Rule of Law.
The King said the exercise of the royal prerogative of pardon under Article 42 of the Federal Constitution must be implemented as decreed, adding that the order was clear, explicit and unambiguous.
His Majesty also said the conditional pardon was not related to any other cases involving Najib and that all conditions stipulated in the order had been fulfilled, including payment of the RM50 million fine.
The royal statement came after the Attorney-General's Chambers (AGC) announced that the implementation of Najib's house arrest had been temporarily deferred pending further examination and clarification of the conditional pardon order and the implications of a related court order issued by the High Court.
The deferment followed Najib's settlement of the RM50 million fine imposed in connection with his conviction in the SRC International Sdn Bhd funds misappropriation case.
Najib, 73, has been serving his prison sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million belonging to SRC International, a former subsidiary of 1Malaysia Development Bhd (1MDB).
He was initially sentenced to 12 years' imprisonment and fined RM210 million. However, the Pardons Board for the Federal Territories, following its meeting on Jan 29, 2024, announced a reduction of his prison sentence to six years and the fine to RM50 million.
The subsequent conditional pardon granted by the King on Sept 18 provides for Najib to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the stipulated conditions.
The latest royal decree is expected to have a bearing on the ongoing process involving the implementation of the house arrest arrangement, following the AGC's earlier decision to temporarily defer the transfer pending legal clarification.