5-4-2024 (KUALA LUMPUR) Jailed former Malaysian Prime Minister Najib Razak’s bold legal manoeuvre seeking house arrest for the remainder of his prison sentence has placed the government in an uncomfortable position and could trigger political tremors in the Southeast Asian nation.
Just two months ago, a pardons board chaired by Malaysia’s then-King, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, halved Najib’s 12-year jail term for corruption in the 1Malaysia Development Berhad (1MDB) scandal. His staggering RM210 million (US$44.3 million) fine was also slashed to RM50 million.
This week, the 70-year-old former premier filed a judicial review application in the High Court, aiming to compel the government to acknowledge the existence of a document he claims permits him to serve the rest of his sentence under house arrest.
Najib asserted that in addition to the main clemency order by Malaysia’s Pardons Board, the former king issued an addendum stipulating that he be allowed “to serve the reduced sentence of his imprisonment under the condition of home arrest, instead of confinement in Kajang Prison”.
House Arrest Claim Puts Government in a Bind The Malaysian government has yet to officially respond to how it intends to handle Najib’s latest legal challenge.
While a spokesperson for Prime Minister Anwar Ibrahim’s office stated they “will not be making any statement on this matter”. Home Minister Saifuddin Nasution Ismail told Malaysian media on Thursday (Apr 4) that he was unaware of any supplementary order.
Senior government officials, speaking anonymously, acknowledged that Sultan Abdullah had issued a supplementary order regarding house arrest before completing his five-year reign in late January. Johor’s Sultan Ibrahim Sultan Iskandar succeeded him as king on January 31st. Under Malaysia’s unique constitutional monarchy, the country’s nine Sultans take turns serving as monarch in five-year terms.
The final say on pardoning convicted criminals rests with the sovereign. However, the officials noted the Attorney-General’s office had raised objections to the Anwar administration, as the house arrest issue was not discussed during the January 29th meeting of the six-member Pardons Board. They declined to elaborate further.
Najib’s latest legal gambit is set for an April 17th High Court hearing, which will decide whether to permit his judicial review bid.
“It is a matter that needs to be litigated,” remarked veteran lawyer Zaid Ibrahim, who previously served on Najib’s defence team. “I belong to the old school; the pardon is the king’s alone to confer.”
The case will undoubtedly be closely watched. Najib, Malaysia’s premier for nine years until May 2018 and its first imprisoned ex-PM, began serving his jail term in August 2022 after failing in two appeals to overturn his 2020 High Court conviction.
Public Unease Over Najib’s Clemency The clemency Najib secured in late January did not sit well with many ordinary Malaysians, prompting questions as to why the high-profile convict, who had served less than two years of his lengthy sentence, became eligible for a royal pardon – especially as he continues to face other corruption trials linked to the 1MDB debacle.
Public debate was muted, however, due to Malaysia’s stringent sedition laws.
But this week’s bombshell that the country’s most prominent convict could be permitted to serve his sentence under house arrest risks igniting serious questions over Malaysia’s opaque pardon system and fuelling criticism that two separate legal standards exist for convicted persons.
The Malaysian government had only recently agreed in principle to a new “Licensed Prisoner Release” initiative aimed at reducing prison overcrowding and promoting community correction.
It would allow prisoners with terms of four years or less to serve home detention, Home Minister Saifuddin said last month. The scheme could also include chronically ill or disabled inmates, as well as senior citizens and pregnant women.
At an event in Ipoh, Mr Saifuddin had dismissed reports questioning whether Najib would be eligible for home detention as “mischievous”, The Star newspaper reported.
In any case, Najib’s latest legal challenge has backed the Anwar administration into an awkward position.
A government objection to Najib’s house arrest bid risks being viewed as challenging the unfettered authority of Malaysia’s constitutional monarchy.
Moreover, it could upset the delicate relations with the long-established United Malays National Organisation (UMNO), a crucial component of Anwar’s coalition government.
Najib retains significant sway within the party he once led as premier, and government opposition to the house arrest gambit could trigger a revolt among certain UMNO factions against Anwar’s administration.
“At this point, Anwar’s position is that he is against the house arrest for Najib,” said one government official, noting the international ramifications for the government’s reputation and Malaysia’s justice system.
