Najib house arrest decision first of its kind in Malaysia, says lawyer

A conditional pardon granted to former Malaysian Prime Minister Datuk Seri Najib Razak to serve the remainder of his prison sentence under house arrest marks a unique case in Malaysia's legal history, according to prominent lawyer Datuk N Sivananthan. Sivananthan, who is admitted to the International Criminal Court, pointed out that while prisoners have previously been transferred to alternative locations for health reasons, the current situation differs as the decision specifically involves serving the remaining sentence under house arrest.

The Pardons Board's decision raises key operational questions regarding the monitoring mechanism, the presence of officers at the residence, and the rules governing visitor entry and exit. The 64th Pardons Board Meeting for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya granted Najib a conditional pardon, allowing him to serve the rest of his sentence under house arrest until August 23, 2028, subject to payment of a RM50 million fine and other conditions.

Sivananthan clarified that the fine must be paid at the Kuala Lumpur High Court, as the original penalty was ordered by that court following Najib's conviction on seven charges of criminal breach of trust, abuse of position, and money laundering involving RM42 million from SRC International Sdn Bhd. House arrest will only commence once the fine is fully paid and verified by the court.

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