House arrest bids, including Najib’s, must go through Pardons Board, says AGC

House arrest bids, including Najib’s, must go through Pardons Board, says AGC

The Attorney-General’s Chambers says this is in accordance with the procedures and channels established under the law.

agc
The Attorney-General’s Chambers said the Yang di-Pertuan Agong, who chairs the Pardons Board, may remit, suspend or reduce any sentence imposed by the courts.
PETALING JAYA:
All proposals for prisoners in the federal territories to serve the remainder of their sentence under house arrest, including Najib Razak, have to be submitted to the Pardons Board, the Attorney-General’s Chambers said today.

Such applications must be submitted for consideration by the Pardons Board, which is chaired by the Yang di-Pertuan Agong, in line with legally established procedures, the AGC said in a statement today.

It added: “Decisions made by the Yang di-Pertuan Agong on the advice of the Pardons Board are subject to applicable legal provisions to prevent such actions from being challenged in court for being unlawful.”

The statement came amid political moves for a rally in support of former prime minister Najib Razak who has a court appearance on Jan 6 over his challenge to be allowed to serve the remainder of his jail sentence under house arrest.

The AGC statement said it had been instructed by the Yang di-Pertuan Agong to inform the public that all applications for pardons regarding offences committed within the federal territories of Kuala Lumpur, Labuan and Putrajaya must be submitted to the Pardons Board.

It said the Federal Constitution provides the Yang di-Pertuan Agong with the authority to grant pardons, postpone, and commute sentences for offences committed within the federal territories.

“The Federal Constitution also provides that the Yang di-Pertuan Agong may remit, suspend or reduce any sentence imposed by the courts,” the AGC said.

Najib is currently serving a six-year jail sentence in Kajang prison on corruption charges in the SRC International case.

On Feb 2, the Federal Territories Pardons Board, which is chaired by the Yang di-Pertuan Agong, announced that Najib’s original 12-year prison sentence had been halved to six, and his fine reduced from RM210 million to RM50 million.

On Jan 6, the Court of Appeal will hear Najib’s application for leave to adduce fresh evidence in his appeal to serve the remainder of his jail term under house arrest, which he claims was issued in a supplementary order to the Feb 2 announcement.

Najib previously said the Pardons Board had omitted announcing the terms of the supplementary order, and that the government was in contempt for not complying with it.

He seeks a court order to compel the government to execute the supplementary order, if it exists, by placing him under house arrest.

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