Najib to serve remaining sentence at home if court rules in favour of addendum - Shafee

KUALA LUMPUR – Former Prime Minister Datuk Seri Najib Razak may serve the remainder of his prison sentence at home immediately if the High Court rules in his favour regarding a purported royal addendum.

His lead counsel, Tan Sri Muhammad Shafee Abdullah said that the defence team expects the 72-year-old former premier to be released from custody without delay.

However, Shafee noted that certain logistical arrangements must first be finalised at Najib's designated residence before he can leave Kajang Prison.

“The issue that will arise is which house my client will be placed in and who will supervise the location.

"I understand preparations need to be made at the chosen residence, but I believe my client must be allowed to return home without further delay,” he told a press conference at Kuala Lumpur High Court here today.

On Aug 13, the Federal Court remitted the case to the High Court for a hearing on its merits.

This followed the dismissal of the Attorney General’s (AG) appeal against a Court of Appeal ruling concerning the existence of additional documents.

The Federal Court also rejected the AG’s challenge to a decision allowing Najib to submit new evidence supporting the existence of these documents.

Najib, a former Umno president, had applied for a mandamus order to compel the government to confirm the existence of a "royal addendum" dated Jan 29, 2024.

He contended that if the document exists, the respondents must implement the order immediately.

Respondents and Previous Rulings

The Pahang-born politician named several high-ranking officials and entities as respondents, including:

• The Home Affairs Minister
• The Prison Commissioner General
• The Attorney General
• The Pardons Board for the Federal Territories
• The Minister for Law and Institutional Reform
• The Director-General of the Legal Affairs Division
• The Government of Malaysia

The application specifically seeks to transfer Najib from Kajang Prison to his residence in the capital to serve out his remaining term.

Previously, on July 3, 2024, High Court Judge Datuk Amarjeet Singh rejected Najib’s application for a judicial review. The judge ruled that the affidavits submitted—including statements from Umno leaders—were hearsay and inadmissible as evidence.

Current Sentence Status

Najib has been incarcerated at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.

While his original sentence was 12 years and an RM210 million fine, a royal pardon petition filed in September 2022 resulted in the Pardons Board reducing his term to six years and lowering the fine to RM50 million.