AGC tegaskan tak cabar perintah pengampunan Najib

Jabatan Peguam Negara (AGC) has clarified that the issue at hand is not about challenging the conditional pardon granted to former Prime Minister Najib Razak, but rather the legal implications of the order to release him from house arrest issued by the Federal Court today, following the payment of a RM50 million fine. The AGC emphasized that it does not seek to interfere with, oppose, or desire to alter the conditional pardon granted by the King.

They always respect the law, honor the position of the King, and recognize the King's prerogative to pardon as outlined in Article 42 of the Constitution. The AGC also noted that the issue does not concern sympathy or concern for the conditional pardon itself. They stressed that the release order from the Federal Court to the Prison Department, which stated that Najib Razak must serve the remaining sentence in house arrest until August 23, 2028, has been paid.

The Federal Court's order also states that Najib Razak must serve the remaining portion of his sentence in house arrest until August 23, 2028. Therefore, the legal issue revolves around the scope and impact of the release order, particularly whether the release is solely related to the payment of the fine or whether it allows the remainder of the prison sentence to continue.

This is directly related to the 1MDB High Court judgment that mandates prison sentences in related cases to begin only after the prison sentence in the SRC International case is completed. The Federal Court has instructed Najib Razak to serve a 15-year prison sentence for abuse of power and embezzlement of funds after completing the prison sentence in the SRC International case.

The AGC stated that if the prison sentence in the SRC International case is still enforceable, the remaining portion of the sentence must be served according to the conditional pardon order. If the prison sentence in the SRC International case is still enforceable, there is no issue with the continuation of the remaining sentence in accordance with the conditional pardon order.

However, if the prison sentence in the SRC International case has already ended, it needs to be determined its impact on the commencement of the prison sentence in the 1MDB case. Both scenarios have different legal implications and should be resolved by the court without speculation or interpretation by the prosecution, according to the AGC.

The AGC also stated that it is not appropriate to equate their position that a legal issue requires court determination with the claim of the prosecution to override the King's prerogative to pardon and continue Najib Razak's detention in an unsatisfactory manner. They pointed out that the Attorney General's office has acted beyond its authority, ignored the monarch's instruction, and continued to detain Najib Razak unsatisfactorily.

Earlier, the Istana Negara stated that the King has clearly stated that the conditional pardon order is clear, unambiguous, and without ambiguity, and has no connection with any other case involving the former Prime Minister.