South China Morning Post

Disgraced ex-PM seeks to be placed under house arrest

Lawyers for Najib Razak claim royal decree that he should be released from prison not acted on

- Joseph Sipalan joseph.sipalan@scmp.com

Lawyers for jailed former prime minister Najib Razak yesterday again sought to persuade a court that the disgraced politician was indeed eligible for house arrest, less than two years into his sentence for plundering scandaltai­nted state fund 1MDB, citing a royal decree supposedly issued by Malaysia’s former king.

The move comes mere months after the pardons board in Februaryan­nouncedtha­tNajib’s12year jail term would be halved and his fine reduced to 50 million ringgit (HK$82 million) from 210 million ringgit previously.

Public outrage followed that decision, as Malaysians balked at the perceived leniency being extended to a corrupt former prime minister who was convicted in 2020 of siphoning off some 42 million ringgit from a former unit of 1MDB.

Yesterday, the Kuala Lumpur High Court set a date of June 5 to make a decision on whether Najib could proceed with an applicatio­n to be freed on house arrest, his lawyers said.

Najib has been serving his sentence in Kuala Lumpur’s Kajang prison since August 2022.

Muhammad Shafee Abdullah, head of Najib’s legal team, argued yesterday that Malaysia’s previous king had issued a supplement­ary decree through official channels ordering that Najib be released from prison and placed under house arrest, but the order was not enforced.

“Not only did they not enforce [the order], they concealed it … you cannot dispute the king’s order,” Shafee told reporters outside the court after a closed-door hearing before a judge.

Yesterday’s hearing follows an earlier applicatio­n from Najib’s legal team to make public the supposed decree, which they say allows the 70-year-old to serve out the rest of his term from the comfort of his own home.

Najib argued in that applicatio­n that the supplement­ary decree had been issued on the same day that the pardons board announced his reprieve.

The decision to slash his sentence was made by a pardons board chaired by Malaysia’s then-king, Sultan Abdullah Ahmad Shah, in one of his final acts as the country’s monarch – raising questions over the impunity Malaysia’s rich and powerful seemingly enjoy, as well as the influence politician­s can still wield from behind bars.

The reduction of Najib’s sentence is emblematic of a justice system that prioritise­s the welfare of Malaysia’s elite while those without the means to pester for their release are left to languish in prison, critics say.

“The country cannot give a message that politician­s who commit offences and are found guilty … can take ‘short cuts’ to escape punishment, as though there are two sets of laws for the laymen and the elite,” electoral reform group Bersih said in a statement at the time.

The saga has also cast doubt on Prime Minister Anwar Ibrahim’s pledge to clamp down on corruption and clean up the country’s image.

Najib was convicted in 2020 of seven counts of corruption and abuse of power involving 42 million ringgit funnelled through SRC Internatio­nal, a former unit of state fund 1Malaysia Developmen­t Bhd.

He was jailed two years later after the federal court threw out his last attempt at overturnin­g his sentence.

Najib still faces at least three other trials linked to 1MDB, from which at least US$4.5 billion is thought to have been looted, according to Malaysian investigat­ors and the US Department of Justice.

They concealed it … you cannot dispute the king’s order MUHAMMAD SHAFEE ABDULLAH, HEAD OF NAJIB RAZAK’S LEGAL TEAM

 ?? Photo: AFP ?? Najib Razak’s lawyers say the 70-year-old should be allowed to serve out the rest of his term from the comfort of his own home.
Photo: AFP Najib Razak’s lawyers say the 70-year-old should be allowed to serve out the rest of his term from the comfort of his own home.

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