Malaysia’s attorney general has said a “glaring error” in a High Court document caused confusion over the house arrest of former prime minister Najib Razak, raising questions about whether he should now be serving a separate 15-year prison term. Attorney General Mohd Dusuki Mokhtar made the comments to Berita Harian, Malay Mail reported on Monday, Nov. 9.
The dispute centers on the Kuala Lumpur High Court’s Order of Discharge on Payment of Fine. According to a statement from the Attorney General’s Chambers (AGC) on Saturday, the order directed Najib’s immediate release after the RM50 million fine was paid on Nov. 6, while also saying he should serve the rest of his SRC International sentence under house arrest until Aug. 23, 2028.
RM50m fine paid Nov. 6 | Aug. 23, 2028 house arrest end date in the order | 15 years separate 1MDB prison term
Two readings of one document
The AGC said the order allows two legal interpretations that need a court to clarify. If the SRC sentence is still in force, the remainder should be served according to the terms of Najib’s conditional pardon, which allows house arrest. If the court finds that the SRC sentence has legally ended, it must decide whether Najib’s separate 15-year sentence in the 1MDB case should now begin, because that term was ordered to start only after the SRC term was completed.
“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,” Mohd Dusuki was quoted as saying. He did not specify the flaws, though Malay Mail said they relate mainly to legal terminology and the statutory provisions cited.
Asked about a reported audience with Sultan Ibrahim, Malaysia’s king, to explain the legal questions, the attorney general declined to comment. Sources told Berita Harian the audience could take place as early as Tuesday, Nov. 10.
Government warns of wrongful detention risk
Home Minister Saifuddin Nasution Ismail said Najib’s house arrest could raise an issue of wrongful detention if the legal basis is unclear, and that the matter would be brought to the courts, The Star reported. The New Straits Times reported that the Home Ministry left the conflicting interpretations to be resolved by judges rather than deciding on its own.
The palace is also involved. The South China Morning Post reported that the king warned on Saturday against challenging the royal decision on Najib’s house arrest, and described the case as pitting the palace against prosecutors. Najib, 73, has been at the center of Malaysian politics for more than a decade over the 1MDB scandal, in which billions of dollars were taken from a state investment fund.
Why it matters
The case tests how Malaysia’s courts, prosecutors and monarchy share power. A royal pardon is a constitutional prerogative, but sentences are carried out under court orders and prison law. If the paperwork that links the two is flawed, the result could be a detention that lacks a clear legal basis, or a release that prosecutors say was premature. Either outcome would draw legal challenges and political attention ahead of the next general election.
Malaysia is not alone in watching a former leader’s legal fate play out in public. In Paraguay, former president Santiago Peña has been charged over the Ueno bank collapse, and in Bangladesh Sheikh Hasina has requested a new passport ahead of a promised return. More regional reporting is on our Southeast Asia page.
What to watch
The next steps are the attorney general’s possible audience with the king, any application to the High Court to correct or clarify the Order of Discharge, and whether the Home Ministry changes the conditions of Najib’s house arrest while the courts decide. A ruling that the 1MDB sentence must begin would put the government and the palace on opposite sides of a question that is legally narrow but politically explosive.
Sources
- Malay Mail: Attorney General says 'glaring error' in Najib court document caused confusion
- The Star: Najib house arrest could raise wrongful detention issue, to be brought to courts, says Saifuddin
- New Straits Times: Home Ministry leaves conflicting interpretations over Najib's house arrest
- South China Morning Post: Malaysia, Najib’s house arrest pits palace against prosecutors
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