Malaysia – Istana Negara: Disputing Najib’s conditional pardon defiance of King’s order

In a statement, the palace said Sultan Ibrahim, the King of Malaysia, had declared that all conditions imposed under the pardon had been fulfilled, leaving no basis for further dispute over its implementation.
“As all conditions stipulated in the conditional pardon order have been fulfilled, any argument disputing the order would amount to defying the decree of His Majesty the Yang di-Pertuan Agong,” the statement said.
The palace said the pardon, granted on Sept 18, was clear, explicit and unambiguous, and was unrelated to any other cases involving Najib.
It said there should be no confusion over its interpretation or prolonged uncertainty surrounding the implementation of the decision.

The statement said the Federal Territories Pardons Board had considered Najib’s petition under Article 42 of the Federal Constitution at its meeting on Sept 18.
Following the meeting, Sultan Ibrahim ordered that Najib serve the remainder of his prison sentence under house arrest, subject to the payment of a RM50 million fine.
The palace said the power of pardon was a royal prerogative under Article 42 of the Federal Constitution.
It said the exercise of that power must be respected in accordance with Malaysia’s constitutional monarchy and the principle of the rule of law.
The statement comes after the Attorney-General’s Chambers (A-GC) yesterday called for Najib’s house arrest to be temporarily deferred pending clarification of legal questions surrounding the pardon and a High Court order.
The A-GC said it needed to determine whether payment of the RM50 million fine fulfilled only the financial component of Najib’s SRC International sentence, leaving him to serve the remaining prison term under house arrest, or whether it meant the entire sentence had been completed.
It said the interpretation could also affect the commencement of Najib’s separate prison sentence in the 1Malaysia Development Bhd (1MDB) case.
The A-GC maintained that the proposed deferment was not intended to challenge or set aside the King’s decree but to ensure that the pardon and related court orders were implemented correctly.
Earlier yesterday, Najib’s RM50 million fine was paid in full at the Kuala Lumpur High Court, fulfilling the financial condition of the pardon.
His lawyers subsequently demanded his immediate transfer to house arrest, arguing that the A-GC had no authority to suspend the royal pardon.
They also confirmed that Najib had not been transferred from Kajang Prison to house arrest when the A-GC issued its statement.
Najib, 73, has been serving his sentence since Aug 23, 2022, following his conviction for misappropriating RM42 million in SRC International funds.
He was originally sentenced to 12 years’ imprisonment and fined RM210 million, but the Pardons Board reduced his sentence to six years and the fine to RM50 million in 2024.
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