FORMER attorney-general Tan Sri Mohamed Apandi Ali has questioned the Attorney-General's apparent change of position over Datuk Seri Najib Razak's conditional pardon, insisting that the former prime minister's house arrest order must be implemented without deviation.
He said the Federal Constitution was clear on the Pardons Board's powers and procedures, leaving no room for misinterpretation of a decision that had already been made.
Citing Article 42(9) of the Federal Constitution, Mohamed Apandi said the Pardons Board was required to consider any written opinion submitted by the Attorney-General before making its recommendations on a pardon.
"Naturally, the Attorney-General's opinion for the purpose of granting the pardon must have favoured the granting of the pardon.
"So, why does the Attorney-General now appear to be changing his position on the pardon? This situation is highly unreasonable," he said yesterday.
The Legal Affairs Division of the Prime Minister's Department (BHEUU) said in September that the Yang di-Pertuan Agong had granted Najib a conditional pardon allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of a RM50 million fine.
Najib's lawyer, Muhammad Farhan Shafee, had confirmed that the former prime minister had paid the RM50 million fine imposed in connection with his conviction for misappropriating funds from SRC International Sdn Bhd.
Najib was convicted in July 2020 of misappropriating RM42 million from SRC International and sentenced to 12 years' imprisonment and fined RM210 million. The Federal Court upheld the conviction in August 2022.
On Feb 2, 2024, the Pardons Board Secretariat announced a 50 per cent reduction in his prison sentence, from 12 years to six years, while his fine was reduced from RM210 million to RM50 million.
Mohamed Apandi also backed Sultan Ibrahim's assertion that the Pardons Board's decision contained no ambiguity.
Istana Negara had warned that arguments challenging the conditional pardon order could amount to defiance of the Yang di-Pertuan Agong's decree.
He maintained that all conditions stipulated in the pardon had been fulfilled and that its implementation should not be allowed to remain clouded by prolonged uncertainty.
He also invoked Articles 4 and 5 of the Federal Constitution, which respectively establish the Constitution as the supreme law of the country and safeguard the right to personal liberty. - November 9, 2026
