AI-generated illustration
KUALA LUMPUR, November 10 – Attorney General Tan Sri Mohd Dusuki Mokhtar has said that a “glaring error” in the High Court document used as the basis for Datuk Seri Najib Razak’s house arrest caused confusion that should never have arisen, while the former prime minister’s legal team has accused the Attorney General’s Chambers (AGC) of repeatedly shifting its position.
Mohd Dusuki made the remarks to Berita Harian on November 8, according to reports by Berita Harian and Malay Mail on November 9. He was commenting on alleged defects in the Kuala Lumpur High Court’s Order of Discharge relating to Najib’s sentence.
“This should not have happened if the parties concerned had exercised due care. The error is glaring and has caused issues that should never have arisen,” he was quoted as saying.
According to the reports, the defects relate mainly to the accuracy of the legal terminology and statutory provisions used in the document. Mohd Dusuki did not specify the flaws he was referring to, and he declined to comment when asked about a reported audience with His Majesty Sultan Ibrahim, King of Malaysia, to explain the legal questions involved. Berita Harian quoted unnamed sources as saying the audience could take place as early as Tuesday, November 10.
Two possible interpretations
In a statement on November 7, the AGC said the High Court’s Order of Discharge on Payment of Fine directed Najib’s immediate release following payment of the RM50 million fine on November 6, while also stating that he should serve the remainder of his SRC International sentence under house arrest until August 23, 2028.
The AGC said this raised two possible legal interpretations that needed judicial clarification. If the SRC International sentence remains in force, its remaining term should be served in line with the conditional pardon. If the court finds the sentence has legally ended, it would have to decide whether Najib’s separate 15-year prison sentence in the 1Malaysia Development Berhad (1MDB) case should now begin, as that sentence was ordered to start only after the SRC International term was completed.
Defence: “moving the goalposts”
Responding on November 9, Najib’s lawyer Muhammad Farhan Muhammad Shafee said the Attorney General’s latest remarks appeared to depart from the AGC’s earlier position, the New Straits Times reported.
“On Friday, the A-GC said there were two possible interpretations. On Saturday, it said the question was the legal effect of the court’s Order of Discharge,” Farhan said. He added that the Attorney General had then said the court order contained obvious errors, and asked: “So which is it? Is the A-GC saying there are two possible interpretations, or that the order itself is defective?”
“It is hard for us to respond with precision when the maker of these statements keeps moving the goalposts,” he said, noting that each complaint would require a different remedy.
Farhan said orders in criminal cases are prepared and issued by the court, not drafted by the defence, and that the Order of Discharge must be read as written and as a whole. He said the order recorded that the RM50 million fine had been paid and that the remainder of the sentence was to be served under house arrest as provided for in the conditional pardon. “There is nothing in it that needs interpreting,” he said.
He also said the legal team had not received any official correspondence from the AGC setting out its concerns and remained uncertain about when Najib would be moved out of Kajang Prison.
Background
Najib had been expected to move to his Jalan Langgak Duta residence on November 6 to serve the rest of his SRC International sentence under house arrest, after the fine was paid. The transfer was deferred after the AGC proposed waiting for judicial clarification. Istana Negara said on November 7 that the King’s conditional pardon order was clear and that disputing it would amount to defying His Majesty’s decree. Prime Minister Datuk Seri Anwar Ibrahim has asked the Attorney General to seek an audience with the King.
Sources: Berita Harian, Malay Mail, New Straits Times.
About The Author
