The High Court of Kuala Lumpur officially granted permission on Tuesday, October 16, 2023, for Najib Razak to be transferred to house arrest. This decision was made after the Attorney General of Malaysia challenged a previous order for his transfer on legal grounds.
Background and Reasons for Conviction
Najib Razak, 73, has been sentenced to imprisonment due to his role in one of the largest global financial corruption scandals involving sovereign wealth funds, namely 1Malaysia Development Berhad (1MDB). He had received a conditional pardon in September 2023 that allowed him to serve the remainder of his sentence at home, provided he paid a fine of $12 million. His political party, the United Malays National Organization (UMNO), paid this amount on Friday, but the Attorney General prevented his transfer to house arrest.
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Court Decision and Current Status
Judge Aslam Zainuddin at the High Court of Kuala Lumpur stated: "According to the conditional pardon order, the accused must serve the remainder of his reduced six-year sentence in house arrest." This new order was issued after meeting with defense lawyers and prosecutors. Defense lawyer Muhammad Shafee Abdullah told reporters that Najib is expected to be transferred to house arrest on Tuesday. According to reporters present at Najib's residence, police had blocked the road leading to his home with yellow tape and traffic cones.
The King of Malaysia warned on Saturday that the Attorney General, by delaying Najib's transfer, may disregard the royal decree. He added that there is no ambiguity regarding the pardon granted to Najib. Najib was sentenced to 12 years in prison in an initial trial in July 2020, after which a pardon board reduced his sentence by half and also lowered his fine. This sentence will end in August 2028.
Political and Social Implications
Najib has been sentenced to an additional 15 years in a separate trial related to the 1MDB corruption, which he has also appealed. His lawyer, in response to questions about Najib's reaction to the new order, said: "This is a final release, a breath of fresh air for him as he has been waiting for this for a long time." However, he added that house arrest "is still a form of imprisonment as he cannot leave the house unless he has special permission or leaves for a specific reason.
Anthony Loke, the Minister of Transport and leader of a party that is part of the ruling coalition and has opposed corruption and abuse of power, resigned on Tuesday due to this decision. Meanwhile, Najib, the son of one of Malaysia's founders, had been groomed for leadership from a young age but fell from power abruptly amid rising public anger over corruption. Investigations during his successive governments have implicated him and his wife, Rosmah Mansor, in corruption allegations.
Prosecutors have stated that Najib abused his positions as Prime Minister, Minister of Finance, and Chairman of the 1MDB Advisory Board, transferring large sums from this fund to his personal accounts. According to investigations, the proceeds of this fund were used to purchase luxury properties, a yacht, and valuable artworks, including a Monet and a Van Gogh.
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