Malaysia home minister: Najib house arrest could trigger wrongful detention claim

Saifuddin Nasution Ismail told reporters in Klebang on Nov 9 that two readings of Najib Razak's case are on a collision course: the Pardons Board's decision for the former prime minister to serve the rest of his sentence under house arrest, and a court order of discharge that could instead mean he must leave prison custody. If the court rules the order means release, the Prisons Department must free Najib under it, he said. If authorities send him to house arrest instead, it could be treated as wrongful detention. It could happen, Saifuddin said.

The home minister stressed he was not suggesting the Home Ministry opposed the Pardons Board's decision or the Malaysian King's constitutional powers. He said the ministry has received the Pardons Board secretary's letter and will comply with the decision, which includes Najib being placed under house arrest after paying RM50 million (S$15.8 million). There is not one sentence, one comma or one matter that we have changed, he said.

Under house arrest, Saifuddin said, Najib would still be serving the remainder of his sentence, with the Prisons Department holding authority over him at a gazetted residence rather than Kajang Prison. If discharge amounts to a full release, the department would lose that authority. How are we to act when the order of discharge states discharge, while the Pardons Board says house arrest, he said. House arrest and release are different.

The Attorney-General has been asked for an opinion and the issue will be brought before the courts. Saifuddin said the court is the best platform when there are two interpretations, and the Home Ministry will comply with and respect its decision.

Najib is serving his sentence after his SRC International conviction. Saifuddin said he has also been convicted in a separate case linked to 1Malaysia Development Bhd, and has exercised his rights through the legal appeal process.