Najib to appeal against Malaysian court's decision denying house arrest

Court rules that purported royal clemency requires involvement of Pardons Board

- Hazlin Hassan Malaysia Correspondent

Supporters of Malaysia's former prime minister Najib Razak gathering outside Kuala Lumpur High Court on Dec 22. The court decision against Najib was not received well by his supporters, including those from his UMNO party. PHOTO: EPA

(EPA)

Malaysia's High Court on Dec 22 rejected Najib Razak's application to serve the remainder of his prison sentence under house arrest, dealing a fresh legal setback to the former prime minister at the centre of the country's largest corruption scandal.

The court found that a purported addendum order issued by the previous king, which Najib maintained authorised him to serve a reduced sentence under house arrest, was not valid as it must require the involvement of the Pardons Board.

In response, Najib's lead counsel Shafee Abdullah said his client would appeal against the decision. He also said that Najib could seek a fresh pardon from Malaysia's current King, Sultan Ibrahim Iskandar.

Tan Sri Shafee also warned that the Dec 22 decision may have taken away the Malay Rulers' full discretion of pardon and clemency.

"Today's decision has taken away the fullest prerogative of mercy of not only the (King) but the Malay Rulers and governors," he told reporters outside the court.

Najib, 72, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of abuse of power, criminal breach of trust and money laundering involving RM42 million (S$13 million) linked to SRC International, a former subsidiary of state fund 1MDB.

High Court Judge Alice Loke ruled that although clemency is a royal prerogative, it must be exercised strictly within the framework of Malaysia's Federal Constitution. She said a pardon must be deliberated on or approved by the Pardons Board, as required under Article 42 of the Federal Constitution.