By DayakDaily Team
KUALA LUMPUR, Nov 6: The Attorney-General’s Chambers (AGC) has called for the implementation of house arrest for former prime minister Datuk Seri Najib Tun Razak to be temporarily deferred pending further legal scrutiny and clarification of the Conditional Pardon Order and the implications of a subsequent Order of Discharge.
In a statement today, the AGC said Najib should remain at his current place of detention throughout the deferment period, subject to the powers and directions of the relevant authorities.
“This temporary deferment is not intended to dispute or set aside the decree of the Yang di-Pertuan Agong. Rather, it is a measure to ensure that the decree and related court orders are implemented accurately, in an orderly manner and in accordance with the true legal position,” the statement said.
The AGC said further action would be taken once the necessary scrutiny and clarification had been completed.
It said it had taken note of the Conditional Pardon Order dated Sept 18, 2026, granted by Yang di-Pertuan Agong XVII Sultan Ibrahim, which allowed Najib to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of the RM50 million fine and compliance with the stipulated conditions.
However, the AGC said legal questions had arisen over the interpretation of the phrase “to serve the remainder of the sentence under house arrest until Aug 23, 2028, subject to his paying the RM50 million fine”, particularly its implications for the outstanding prison term in the SRC International case.
It said further clarification was required to determine whether payment of the RM50 million fine would satisfy only the fine component, while the remaining prison sentence in the SRC International case continued until Aug 23, 2028.
“Under this interpretation, house arrest would constitute an alternative method or place of serving the remainder of the prison sentence, rather than bringing the sentence to an end,” the statement said.
Alternatively, the AGC said the payment of the RM50 million fine could be interpreted as a condition for the Conditional Pardon Order to take full effect, resulting in the entire sentence in the SRC International case, including the prison term, being deemed completed.
The AGC said the legal uncertainty also extended to the Order of Discharge on Payment of Fine dated Nov 6, 2026, which directed Najib’s immediate release while simultaneously stipulating that the remainder of his sentence be served under house arrest until Aug 23, 2028.
It added that determining the status of Najib’s remaining prison sentence in the SRC International case was crucial, as it would directly affect the implementation of his separate prison sentence in the 1Malaysia Development Berhad (1MDB) case.
This is because a court order stipulates that the 1MDB sentence is to commence only after completion of the SRC International sentence. The matter also takes into account Najib’s application for a stay of execution in the 1MDB case, which was dismissed by the High Court on Oct 14, 2026.
“Given that the issues raised involve complex legal questions with implications for the implementation of the pardon decree and court orders, and constitute a situation that has never been encountered before, the AGC is of the view that clear and definitive legal clarification must be obtained before any further enforcement action is taken,” the statement said.
Earlier today, Najib was reported to have settled the RM50 million fine imposed on him in the SRC International Sdn Bhd fund misappropriation case at the Criminal Registry of the High Court here.
His special officer, Ahmad Lutfi Azhar, arrived at the court at about 11.30am to make the payment and complete the necessary administrative procedures before the transaction was finalised.
Payment of the fine was among the conditions attached to the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18, which allowed Najib to serve the remainder of his prison sentence under house arrest until Aug 23, 2028.
Najib, 73, has been serving his sentence at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million belonging to SRC International. — Bernama
