Kecacatan pada ‘order of discharge’ tak patut berlaku, kata peguam negara

Peguam Negara, Dusuki Mokhtar, has raised concerns over the lack of thoroughness in the preparation of official discharge documents related to the previous Prime Minister Najib Razak's house arrest order. The issue arose from the 'order of discharge' document of the High Court in Kuala Lumpur, which sparked discussion among legal observers.

According to Mokhtar, such issues should not arise if those involved took meticulous and diligent steps. He stated that the problem is glaring and should not occur within the country's legal system. It's unacceptable that this oversight has occurred, causing unnecessary problems, particularly in the use of legal terminology and the document's purpose.

The document was issued by the Kuala Lumpur High Court after a RM50 million fine was imposed on former Pekan MP for completing the remaining prison sentence at home. However, the Attorney General's Chambers (AGC) later delayed the enforcement temporarily to allow the accusers to gain further clarification on the interpretation of the conditional pardon order granted by the Yang di-Pertuan Agong, Sultan Ibrahim.

The Palace subsequently rebuked the AGC, stating that any challenges to the conditional pardon order against Najib would lead to actions undermining the Agong's orders. The Palace emphasized that all conditions in the conditional pardon order were met, and its implementation should not cause prolonged confusion or uncertainty. It also affirmed that the pardon order is clear, explicit, and free of ambiguity, with no connection to other cases against Najib.

When asked about the session with Sultan Ibrahim regarding the legal issue, Mokhtar declined to elaborate further. However, sources indicated that the session might take place on Tuesday. On September 18, 2022, Najib, a 73-year-old former Umno president, received conditional pardon from the Agong, allowing him to serve the remaining prison sentence under house arrest until August 23, 2028.

Najib was sentenced to 12 years in prison and a fine of RM210 million after being found guilty by the Kuala Lumpur High Court on July 28, 2020, on seven charges related to the RM42 million SRC International embezzlement case. On August 23, 2022, the Federal Court rejected Najib's final appeal and upheld his sentence and fine. On the same day, he began serving his prison sentence in the Kajang Jail.

After refusing to comment further, Mokhtar was approached by a source who mentioned the possibility of the session occurring on Tuesday.