A-GC: Najib could be detained beyond lawful period without court clarification
KUALA LUMPUR: Datuk Seri Najib Razak could be detained beyond the period legally permitted if the courts do not clarify whether his SRC International prison sentence has ended, the Attorney-General’s Chambers (A-GC) warned today.
The Attorney-General's Chambers has cautioned that Datuk Seri Najib Razak could potentially be detained beyond the legally permitted timeframe if the courts fail to clarify whether his SRC International prison sentence has expired. The A-GC emphasized the urgent need for a judicial decision to ensure the proper execution of his conditional royal pardon and to safeguard Najib's rights.
The agency explained that if the court confirms the SRC sentence has concluded, any continued detention based on that sentence would be unlawful. Conversely, if the sentence remains active, its enforcement must align with the provisions of the conditional pardon and relevant court orders. The A-GC urged the Kuala Lumpur High Court to urgently address the discharge order issued yesterday, following the payment of Najib's RM50 million fine.
The agency stressed that this was not a measure to obstruct the implementation of the royal pardon. Instead, it highlighted the necessity of clarification to prevent conflicting interpretations of existing orders and to prevent the unlawful enforcement of any sentence. The High Court's discharge order has sparked questions about whether Najib should continue serving the remainder of his SRC sentence under house arrest or if that sentence has legally expired.
This determination could also impact when his separate prison sentence in the 1Malaysia Development Bhd (1MDB) case commences. The A-GC pointed out that the High Court had dismissed an application to halt the 1MDB sentence on October 14. The statement was made in response to Najib's lawyers, Messrs Shafee & Co, who accused the A-GC of causing his unlawful detention by delaying his transfer to house arrest.
They argued that all conditions of the conditional royal pardon had been met upon payment of the RM50 million fine. They maintained that Najib's continued detention at Kajang Prison contravened Article 5(1) of the Federal Constitution, which safeguards personal liberty.
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