Najib’s legal bid to serve remaining jail term under house arrest pushes Anwar government into awkward corner

KUALA LUMPUR: Jailed former premier Najib Razak’s audacious legal gambit to seek house arrest for the remainder of his prison term has put the government in a bind and could shake up Malaysian politics.

Just two months ago, his 12-year jail sentence for corruption in the 1Malaysia Development Bhd (1MDB) fiasco was halved by a pardons board chaired by Malaysia’s then-king, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah. His fine of RM210 million (US$44.3 million) was also cut to RM50 million.

This week, he filed a judicial review application in the High Court to force the government to acknowledge the existence of a document that he claims allows him to serve the remainder of his prison term under house arrest.

According to court filings obtained by CNA, the 70-year-old Najib claimed he had received clear information that in addition to the main clemency order by Malaysia’s Pardons Board, the then-king also issued an addendum order 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 NOT DISCUSSED BY PARDONS BOARD

The Malaysian government has yet to come out with an official statement on how it intends to deal with Najib’s latest court challenge.

Attorney-General Ahmad Terrirudin Mohd Saleh did not respond to a request for comment from CNA. 

A spokesperson in Prime Minister Anwar Ibrahim’s office said it “will not be making any statement on this matter”, while Home Minister Saifuddin Nasution Ismail told Malaysian media on Thursday (Apr 4) that he knew nothing about a supplementary order.

Senior government officials, who spoke on condition of anonymity, acknowledged that Sultan Abdullah had issued a supplementary order with regards to the house arrest before he completed his five-year reign in end-January. 

Johor’s Sultan Ibrahim Sultan Iskandar took over as king on Jan 31. Under Malaysia’s unique constitutional monarchy, the country’s nine Sultans take turns to serve as king under five-year terms.

The final word on the pardon of convicted criminals rests with the sovereign.

But the officials noted that the Attorney-General’s office has raised objections on the matter to the Anwar administration because the issue of house arrest for Najib was not discussed during the meeting on Jan 29 by the six-member Pardons Board. The officials declined to elaborate.

Najib’s latest legal challenge is set to be heard on April 17 by a Malaysian High Court, which will decide whether to allow his bid for a judicial review.

“It is a matter that needs to be litigated,” said veteran lawyer Zaid Ibrahim, who had also previously served as a member of Najib's defence team. “I belong to the old school; the pardon is the king’s alone to confer.”

The case will surely be tracked closely. 

Najib, who was Malaysia’s premier for nine years until May 2018 and its first PM to be imprisoned, began serving his jail term in August 2022 after failing in two appeals to overturn his conviction by a Malaysian High Court two years earlier.

The clemency he secured in late January did not go down well with ordinary Malaysians. 

Questions were raised as to why Najib, who had served less than two years of his lengthy sentence, had become eligible for a royal pardon – and at a time when he continues to be on trial for other corruption charges related to the 1MDB debacle.

Public debate, however, was muted because of the country’s tough sedition laws.

But this week’s bombshell that Malaysia’s most prominent convict could be allowed to serve his jail sentence under house arrest could raise serious questions over the country’s opaque pardon system and stir criticism that two sets of laws exist for convicted persons in Malaysia.

ANWAR GOVERNMENT IN AWKWARD CORNER 

Malaysia’s government only recently agreed in principle to a new initiative called Licensed Prisoner Release, aimed at reducing congestion in prisons and promoting community correction. 

It would let prisoners with jail terms of four years or less serve home detention, Home Minister Saifuddin said last month. The initiative could also include prisoners who have chronic illnesses or disabilities, as well as those who are senior citizens or pregnant women.

At an event in Ipoh, Mr Saifuddin had labelled reports questioning whether Najib would be allowed home detention “mischievous”, news outlet The Star reported.

In any case, Najib’s latest legal challenge has pushed the Anwar administration into an awkward corner.  

A government challenge on Najib’s bid for house arrest would be viewed as tantamount to challenging the unfettered role of the country’s constitutional monarchy.

What’s more, it could also upset the delicate relations with the long-established United Malays National Organisation (UMNO), which is a crucial component in Mr Anwar’s coalition government. 

Najib continues to wield significant influence in the party that he headed while he was Malaysia’s premier for nine years, and government opposition to the house arrest gambit could set the stage for a revolt among certain factions in UMNO against the Anwar administration.

“At this point, Anwar’s position is that he is against the house arrest for Najib,” said one government official, noting that the international reputation of the government and the country’s justice system would immediately be undermined.