Prison Act allows govt to free Najib, says ex-judge
Published on: Tuesday, February 06, 2024
By: FMT
On Friday, the Pardons Board announced that Najib Razak’s jail sentence was reduced from 12 years to six, and his fine from RM210mil to RM50mil.
PETALING JAYA: The government has the power to release Najib Razak from prison under a provision of the Prison Act 1955 despite the Pardons Board granting the former prime minister only a remission of his sentence, a retired Court of Appeal judge said.
Hamid Sultan Abu Backer said Section 43 of the Prison Act 1955 allows for the release of any prisoner “on licence” but “subject to regulations made by the minister”.
ADVERTISEMENT
The provision also states that the conditions for the release of any prisoner “may be specified in the licence”.
The prisons come under the purview of the home minister.
“In my considered view, if the government wanted Najib to be released on licence under the Act, they could have done it long back.
“It could have also been done on justiciable grounds after the dissenting judgment of a Federal Court judge in the review application last year,” he told FMT.
ADVERTISEMENT
However, he said there appears to be no existing regulations under which Najib may be released, and that regulations may need to be put in place by the minister for the purpose.
Hamid said the process is independent of any application to the Pardons Board and that the “ball is in the government’s court”.
ADVERTISEMENT
“I am quite surprised that Najib and Umno have not taken up this issue with the government of the day,” he added.
Najib, 70, was found guilty of seven counts of abuse of power, money laundering and criminal breach of trust involving RM42 million in funds belonging to SRC International, a former subsidiary of 1MDB.
He began his initial 12-year prison term on Aug 23, 2022, following the dismissal of his final appeal by a five-member Federal Court panel led by Chief Justice Tengku Maimun Tuan Mat.
On March 30 last year, a separate five-member apex court panel dismissed Najib’s application for a review of the decision in his final appeal, dashing the former prime minister’s last hope of legal recourse in the case.
Chief Judge of Sabah and Sarawak Rahman Sebli, who chaired the panel hearing the review application, delivered the sole dissenting opinion in the case, holding that Najib was not accorded a fair trial as he had no legal representation during his final appeal.
That, according to Rahman, amounted to a miscarriage of justice, as, despite an “impassioned plea”, Najib’s counsel of choice, Hisyam Teh Poh Teik, was not allowed sufficient preparation time, and consequently was unable to submit on the merits of the appeal.
On Friday, the Pardons Board announced that Najib’s prison sentence had been reduced from 12 years to six, and that he will be released on Aug 23, 2028.
His fine of RM210 million was also reduced to RM50 million. However, he will have to serve an additional year of the jail sentence if he fails to pay the fine.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
