Conditions for Najib’s house arrest to reflect govt’s resolve to fight corruption and abuse of power — Hafiz Hassan

SEPTEMBER 18 — Former prime minister Datuk Seri Najib Razak has been granted a conditional royal pardon allowing him to serve the remainder of his prison sentence under house arrest.

A statement by the Legal Affairs Division of the Prime Minister's Department reads as follows:

“His Majesty Sultan Ibrahim, the King of Malaysia has consented to grant a conditional pardon to Datuk Seri Najib Razak, allowing him to serve the remainder of his sentence under house arrest until 23 August 2028, subject to his payment of a fine of RM50 million.” 

According to the statement also, Najib must strictly comply with all statutory terms attached to the royal pardon. 

Should he breach any of the stipulated terms, the conditional pardon will be automatically revoked, and he will be immediately returned to prison to serve the remainder of his sentence.

What are the statutory terms attached to the royal pardon?

First and foremost, it must be stressed that Najib must still be deemed a prisoner –

(a)     serving his sentence of imprisonment; and

(b)     in the lawful custody of the prison authorities.

As a prisoner also, Najib is entitled to earn remission in respect of the period of imprisonment which is served under house arrest.

Since Najib remains a prisoner, conditions must be attached to serving his prison sentence under house arrest. The conditions may be as follows:

(a)     attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his rehabilitation and reintegration into society as the prison authorities may require, at any time and place that the prison authorities may specify;

(b)     report to provide a specimen of his urine or hair for testing at any time and place that the prison authorities may specify;

(c)     remain indoors at his place of residence, or at any other place that the prison authorities may specify, at any time that the prison authorities may specify;

(d)     allow the prison authorities and any authorised person to his place of residence, or any other place he is required to remain at, to determine his compliance with any condition of the house arrest or for any purpose relating to his rehabilitation;

(e)     not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;

(f)      not have in his possession any controlled drug or psychoactive substance;

(g)      to enable the electronic monitoring of his whereabouts —

(i)       wear any electronic monitoring device issued by the prison authorities on any part of his person that the prison authorities may specify;

(ii)      allow the prison authorities and any authorised person to enter his place of residence, or any other place he is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;

(iii)    comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to him or installed at his place of residence or any other place he is required to remain at;

(iv)     comply with all reporting requirements imposed on him;

(v)      not tamper with any electronic monitoring device issued to him or installed at his place of residence, or any other place he is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his whereabouts; and

(h)     comply with such other conditions as the Commissioner may specify in the order.

The above are some of the conditions under Singapore’s home detention order (see Section 54(1) of the Prisons Act 1993).

The conditions should reflect what Prime Minister Datuk Seri Anwar Ibrahim has asserted that the conditional pardon “does not weaken the government’s resolve to fight corruption and power abuse”. 

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.