PETALING JAYA: The government is duty-bound to clarify whether a purported royal decree allowing Najib Razak to serve the remainder of his jail term under house arrest exists, a senior lawyer said.
Baljit Singh Sidhu said full disclosure as to the existence of the decree was essential to maintain public trust and ensure accountability.
The lawyer called for the matter to be addressed with the utmost urgency and transparency.
“The Federal Constitution and the rule of law must be upheld at all times. The government must adopt a firm and proactive approach in this issue,” he said in a statement.
Baljit said the Attorney-General’s Chambers (AGC) and the legal affairs department of the relevant ministry must play active roles in providing clarity and ensuring accountability.
He said the presiding monarch, Yang di-Pertuan Agong Sultan Ibrahim, and the incumbent attorney-general, Dusuki Mokhtar, should not be burdened if matters have already been decided on.
“It is the responsibility of the relevant parties from the time of the decision to provide the necessary explanations and resolve this issue with integrity to protect the credibility of our institutions and the principles of justice,” he added.
Baljit said Article 42 of the Federal Constitution vests the king with significant powers to grant pardons, reprieves and respites.
The lawyer was commenting on a statement issued by the AGC last week on the instructions of Sultan Ibrahim.
In the statement, the AGC said all pardon applications concerning offences committed within Kuala Lumpur, Labuan and Putrajaya must be submitted to the Federal Territories Pardons Board (FTPB).
Earlier this week, former attorney-general Abu Talib Othman defended the AGC’s statement, saying it was intended to prevent such matters from being challenged in court.
Abu Talib, who served as AG between 1980 and 1993, said the king was entitled to insist that all petitions for pardon in the three federal territories be lodged with the FTPB.
The AGC’s statement came amid continued speculation over a purported decree issued by Al-Sultan Abdullah just before his five-year reign as head of state came to an end a year ago.
In July 2020, the former prime minister was convicted by the High Court of seven charges of abuse of power, criminal breach of trust and money laundering. He was sentenced to 12 years’ imprisonment and a fine of RM210 million.
Both the Court of Appeal and the Federal Court subsequently upheld the conviction and sentence, which Najib began to serve on Aug 23, 2022.
On Feb 2 last year, the FTPB announced that Najib’s sentence had been reduced to a six-year jail term, and his fine lowered to RM50 million.
Najib, however, insists that the FTPB had failed to announce and give effect to the supplementary decree issued by Al-Sultan Abdullah allowing him to serve the remainder of the imprisonment term under house arrest.
On Jan 6, the Court of Appeal will hear Najib’s application to adduce fresh evidence to support his appeal for leave to bring judicial review proceedings in a bid to enforce the terms of the purported supplementary order.
He wants the court to compel the government to execute the former king’s purported decree by placing him under house arrest.
