Pejuang seeks High Court clarification over alleged defects in Najib's discharge order

KUALA LUMPUR – Pejuang Information Chief Muhammad Rafique Rashid Ali has urged the High Court to clarify alleged defects in the discharge order involving former prime minister Datuk Seri Najib Razak.

Rafique, who is also a lawyer, said clarification from the Kuala Lumpur High Court Criminal Registry, which issued the document, was important to prevent further confusion over the matter.

He said the preparation of the court document had become a subject of public discussion, including among legal practitioners and members of the public.

He said that after the discharge order circulated on social media on Monday, various questions were raised over the terminology, sentence structure and accuracy of the names stated in the document.

“Many people have started highlighting the document in yellow, circling certain sections in red, questioning the names and sentence structure, and even disputing the existence of the order.

“The party that should come forward to provide clarification is the court or the High Court Criminal Registry,” he said in a statement.

On July 28, 2020, the High Court sentenced Najib to 12 years in prison and fined him RM210 million after finding him guilty of three counts of criminal breach of trust, three counts of money laundering and one count of abuse of power involving RM42 million in SRC International Sdn Bhd funds.

Najib had been serving his sentence at Kajang Prison since Aug 23, 2022, after filing a petition for a royal pardon with the Yang di-Pertuan Agong on Sept 2, 2022.

On Sept 18, Najib received a conditional pardon from the Yang di-Pertuan Agong Sultan Ibrahim, with the remainder of his prison sentence to be served under house arrest until Aug 23, 2028.

According to the Legal Affairs Division (BHEUU) of the Prime Minister's Department, the conditional pardon required Najib to pay a fine of RM50 million.

Although he paid the fine at the High Court Criminal Registry on Friday last week, the former Pekan MP was returned to Kajang Prison after undergoing a medical examination at Kuala Lumpur Hospital (HKL).

The Attorney-General's Chambers (AGC) temporarily deferred the implementation of the house arrest arrangement to seek further clarification on the interpretation of the Conditional Pardon Order granted by the King.

Media organisations are still awaiting a response from the Office of the Chief Registrar of the Federal Court (PKPMP) on the matter.

Previously, Attorney-General Tan Sri Mohd Dusuki Mokhtar raised concerns over the preparation of the official document, saying that the alleged defects in the discharge order should not have occurred.

He said proper scrutiny of the document could have prevented disputes, particularly over the accuracy of the legal terminology used.