Malaysian DPM Zahid affirms former King’s order for Najib’s house arrest

KUALA LUMPUR, MALAYSIA: Former Malaysian Prime Minister Najib Razak, whose 12-year jail term was halved by the Royal Pardon Board in February, earlier initiated legal proceedings to request serving his reduced sentence under house arrest.

In the latest court proceedings on Wednesday (17 April), it was revealed that Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, who also serves as the president of the United Malays National Organisation (UMNO), supports Najib’s claim regarding the existence of an addendum order.

Najib had earlier asserted that the addendum order from the former Malaysian King, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, specifies that he is allowed to serve the reduced sentence under house arrest instead of being confined in Kajang Prison.

Ahmad Zahid substantiated Najib’s claim through an affidavit filed in the High Court of Kuala Lumpur on 9 April.

He stated that during a meeting at his residence on 30 January, Minister of Investment, Trade, and Industry Tengku Zafrul Abdul Aziz informed him about the existence of the addendum decree dated 29 Jan of this year.

“I truly believe that for a sufficient period, I have seen and read the addendum decree, and I have seen all its contents and that it is part of the applicant’s (Najib) pardon process, which is an addition to the main decree, both dated 29 January 2024.”

“Therefore, I hereby confirm the existence of the addendum decree dated 29 January 2024, decreed by the Yang di-Pertuan Agong.”

“I also believe that besides me and Tengku Zafrul, other government members have seen the addendum decree. Specifically, I am aware that the Pahang Chief Minister Wan Rosdy Wan Ismail has also seen a copy of the addendum decree and can confirm the same,” according to Ahmad Zahid.

Najib’s legal bid asking to serve remaining sentence at home

On 4 April, Najib’s defence counsel, Tan Sri Muhammad Shafee Abdullah, announced that a “key witness” is expected to file an affidavit in support of Najib’s judicial review.

Najib requested the court to direct the Minister of Home Affairs, Attorney General, Pardon Board, federal government, and several other respondents to confirm the existence of the addendum order.

He also requested a mandamus order for the respondents to provide the original version of the royal addendum, costs, and any relief deemed appropriate by the court.

In his supporting affidavit, Najib also claimed that his rights were infringed and violated by the respondents by disregarding his inquiries regarding the additional section.

He alleged that the respondent’s actions in disregarding his request constituted a violation of his fundamental rights under the Federal Constitution, in addition to being disrespectful to the Agong.

He also claimed that the respondents attempted to conceal the existence of the addendum order.

Media barred from coverage of Najib’s judicial review bid regarding house arrest

Earlier, it was reported that Malaysian media were barred from Wednesday’s proceedings, with Najib’s counsel requesting leave for proceedings to be heard in chambers before High Court judge Datuk Amarjeet Singh Serjit Singh.

For those who filed lawsuits through judicial review applications, they will have to first obtain the court’s leave or permission for the lawsuit to be heard.

“In view of certain materials disclosed in the affidavits, especially the last affidavit that has been put in, it is apparently sensitive,” Muhammad Shafee said.

Senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly, representing the Attorney General’s Chambers, did not object to Muhammad Shafee’s request.

Subsequently, Amarjeet then stated that members of the media had to be excluded from open court coverage.

In chambers, proceedings concluded approximately two hours later, with Amarjeet scheduling 5 June to deliver his decision on whether to grant leave to Najib.

When approached outside, Muhammad Shafee told reporters that the present issue before the court was the “first of its kind” where an order purportedly issued by the former King was neither shown to Najib nor enforced.

“Those concealing (the supplementary order) are certainly committing serious wrong, you cannot conceal, this is the Agong’s order you have to obey,” he said.

Najib is also the former president of UMNO, having led both the party and the ruling coalition Barisan Nasional. However, he faced defeat in the 2018 Malaysian General Election primarily due to the 1MDB scandal.

Najib has been imprisoned since 23 August 2022, following the Federal Court’s confirmation of his convictions for criminal breach of trust, abuse of power, and money laundering related to the misappropriation of SRC International Sdn Bhd’s funds, accompanied by an RM210 million (approximately US$44.5 million) fine.

On 2 February, the Pardon’s Board reduced Najib’s sentence from 12 to six years for misappropriating funds amounting to RM50 million (approximately US$10.6 million), potentially enabling his release on 23 August 2028.

On 4 April, Minister of Home Affairs Saifuddin Nasution Ismail assured that Najib was not on the list of prisoners to serve their sentences under house arrest.

He told the Malaysian media that the Licensed Prisoner Release Program (PBSL) only lists prisoners serving sentences of less than four years, elderly individuals, pregnant women, and persons with disabilities (PWDs).

In the same month, Harian Metro reported that the Ministry of Home Affairs agreed in principle to the initiative aimed at reducing congestion in prisons, not for misuse by convicted leaders.

Saifuddin also rejected the claim that the house arrest policy aimed to allow Najib to comfortably serve the remainder of his prison sentence, describing it as malicious.

Public concerns grow over the fate of Najib Razak and Rosmah Mansor in ongoing 1MDB cases

Civil society group in Malaysia in October last year warned that if Najib and Rosmah are released from corruption charges, it could have detrimental consequences, damaging Malaysia’s rule of law and deterring global investors.

They called for a temporary halt to applications for Discharge Not Amounting to Acquittal (DNAA) or complete acquittals in cases involving politicians.

The Malaysian Bar earlier resolved to legally contest the Pardons Board’s decision. T the organization criticized Najib Razak for actions leading to Malaysian taxpayers shouldering the burden of 1MDB debts surpassing RM50 billion.

Additionally, they highlighted the ongoing Tanore trial, where Najib Razak is accused of receiving USD600 million of 1MDB’s funds.

The Malaysian Bar further questioned the processing of Najib Razak’s pardon application, considering he had served only 1½ years of his jail sentence.