A-GC has grounds to seek clarification on Najib's discharge order, says Ramkarpal

The Attorney-General's Chambers has valid reasons to request judicial clarification regarding former Prime Minister Datuk Seri Najib Razak's discharge order, according to DAP legal expert Ramkarpal Singh. On November 6, the High Court issued an Order of Discharge on Payment of Fine, seemingly mandating Najib's immediate and unconditional release following the resolution of his RM50 million fine.

However, this directly conflicts with the Yang di-Pertuan Agong's Conditional Pardon Order of September 18, which stipulates that Najib must serve the remainder of his SRC International sentence under house arrest until 2028.

Ramkarpal highlighted that the term "discharge" might be perceived as an outright release under the Prisons Act 1995, creating a pressing legal conflict. Consequently, the Order of Discharge appears to require Najib's unconditional and immediate release once the RM50 million fine has been paid, which contradicts the Conditional Pardon Order.

Furthermore, the situation becomes more complicated due to Najib's subsequent sentencing in the 1Malaysia Development Bhd (1MDB) case, which he must begin serving immediately after the SRC sentence without any suspension. Ramkarpal pointed out that although Najib's residence had been designated as a prison for the SRC case, it is unlikely to be applicable to the 1MDB sentence.

If the Order of Discharge is interpreted as granting Najib's release from his SRC case sentence, he would then be required to serve his 1MDB conviction at Kajang Prison instead of at his residence.

Ramkarpal emphasized that an application for clarification or revision of the Order of Discharge must be submitted to the High Court before Najib is transferred to his home. This request is not intended to question the terms of the Conditional Pardon Order (which are clear) but rather to address a potential error in the Order of Discharge concerning the administration of justice.

The Home Ministry stated that they were leaving it to the courts to resolve conflicting interpretations of the law related to Najib's house arrest implementation.