He began serving his prison term only in August 2022 after exhausting appeals to his conviction in the Appeals Court and the Federal Court, the country’s apex judicial body.
The house arrest bid was a secretive gambit first revealed by CNA in an exclusive report in early January last year.
But Najib’s application for a full pardon did not materialise, and ended with clemency from the then-outgoing King Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, who heads the Pahang royal household.
Najib’s 12-year prison sentence was halved and his fine of RM210 million (US$51.4 million) was reduced to RM50 million. If the fine is not paid, one year will be added to his sentence and his release date will be Aug 23, 2029.
Shortly later, another political curveball appeared. Najib’s legal team insisted that the early February 2024 decision by the Pardons Board – headed by the king – was also accompanied by an addendum order issued by the king that allowed him to serve the remainder of his jail term at home.
Najib’s legal bid for house arrest began in April last year. It has stirred public intrigue because multiple government agencies and members of the Pardons Board for months denied knowledge of a royal document, although the former king’s office confirmed its existence.
In July last year, the High Court had dismissed Najib’s legal bid for the government to produce the addendum order, saying that affidavits supporting Najib’s claim were inadmissible as evidence because they were hearsay.
But that ruling was overturned on appeal in a 2-1 split decision by the Court of Appeal in January this year. The Federal Court later upheld the appeal court’s decision, with the Kuala Lumpur High Court ordered to hear the case.
In the High Court, after the twists and turns, Najib’s lawyers argued that the supplementary order was valid, well within the ruler’s discretion and does not require any consultation with members of the Pardons Board.
Prosecutors insisted in court that the so-called addendum was invalid and not enforceable because it was not issued following a decision by the Pardons Board.
A decision on the matter was originally scheduled for Jan 5 but last month, the Kuala Lumpur High Court allowed a request from Najib’s lawyers to move the date forward to Dec 22.
A lawyer who is assisting Najib’s lead counsel Shafee Abdullah said that should Najib be denied his application for house arrest by Justice Alice Loke, the former premier’s defence team will file an appeal against the decision.
The same is expected of the prosecution should the court rule in Najib’s favour.
“I don’t see any major change to the current situation. Even if the court allows house arrest, the prosecution will appeal, which would delay the execution of the order,” said the lawyer.
At a press conference on Thursday, Shafee reportedly argued that should the court grant Najib’s bid, he should be released into house arrest immediately even if the Malaysian government were to appeal.
Appeals will be heard by the Court of Appeal, and its ruling can again still be appealed at the apex Federal Court, meaning that the case could potentially stretch for months, if not years.
Beyond next week’s court ruling, the lawyer assisting Shafee said they are also considering other options, including a bid for a fresh royal pardon.
Najib is midway through his prison term and when asked at Thursday’s press conference about the possibility of him seeking parole, Shafee declined to comment. “Parole has not arisen, so I won’t comment more on that,” he said, as reported by Malay Mail.
In Malaysia, a prisoner becomes eligible to apply for parole after serving a minimum of half of a sentence that is at least one year in duration.
https://www.channelnewsasia.com/asia/crunch-time-najib-razak-two-court-rulings-house-arrest-1mdb-abuse-power-money-laundering-5637706
