KUALA LUMPUR, Nov 10 — The High Court has directed the Court Registrar to issue a new order that would finally allow Datuk Seri Mohd Najib Abdul Razak to serve the remaining sentence of his first corruption conviction at home.
High Court Judge Datuk Aslam Zainuddin issued the new warrant of release after hearing submissions by both Najib’s lawyers and the Deputy Public Prosecutors this afternoon.
Judge Aslam said the new order simply cancels the November 6 order and replaced with one that allows Najib to serve the remaining sentence from the said conviction at home.
“I will just read the gist of it: The order dated November 6 is hereby cancelled and is a replaced with a new order that states the defendant will serve his remaining sentence under house imprisonment,” he said.
At the hearing, Najib’s lead counsel Tan Sri Shafee Abdullah had argued that the court need not issue a new order since the first was already “very clear”.
He alleged even the Prison Department understood the discharge order, was ready to release the former prime minister but “was then told to wait”.
Shafee’s core argument was that the condition to trigger Najib’s release from Kajang Prison and serve home imprisonment – paying the RM50 million – was already met, and that the ensuing order of discharge issued by the High Court Registrar was worded in a way that reflected that.
In a press conference held shortly after the hearing ended, Shafee welcomed the clarification by Judge Aslam even has he maintained his argument that the original order was “solid in substance”, and that all matters regarding the King’s pardon need not be formalised by the judicial system.
“It is good that the court has clarified so that those who apparently found it hard to understand, will now understand,” he said.
Najib, in a light blue baju melayu top with sleeves rolled up, was present at the hearing alongside his daughter Najwa, who was also in a blue floral baju kurung.
The former prime minister was set to serve the remaining two years of his jail sentence from the corruption conviction involving SRC International arrest last Friday, after his lawyers said he had paid the RM50 million fine as part of his conditional pardon.
The AGC, however, delayed his release from Kajang Prison, claiming it needed clarification because the November 6 court order was unclear and possibly defective.
Shafee said Najib would likely be home by tonight, after all formal documents have been submitted to Kajang Prison where he would also be briefed about the conditions of his house arrest.
Details of the conditions are still not available to the lawyers for now including on visitation Shafee added.
“I assume you will have to apply, at least initially. Or they may make it easier as there is a post (at Najib’s residence), and they may device some system,” he said.
“But nevertheless, the point being you will still need to get permission.”
It is understood that Najib’s house arrest will last until August 2028.
