ATTORNEY-General Tan Sri Mohd Dusuki Mokhtar has acknowledged glaring errors in the court order concerning Datuk Seri Najib Razak’s proposed house arrest, as questions mount over its wording and legal provisions.
Dusuki said the defects in the Kuala Lumpur High Court’s Order of Discharge should not have occurred had those responsible exercised greater care in preparing and checking the document.
He said the mistakes, particularly those involving legal terminology and references to statutory provisions, had created unnecessary complications.
“This should not have happened if the parties concerned had been careful. The mistake is glaring and has caused unnecessary problems,” he said as reported by Berita Harian.
His remarks come amid growing scrutiny of the document, with lawyer and activist Liyana Marzuki raising separate concerns over what she described as inconsistent names, questionable legal references and conflicting provisions.
In a social media post, Liyana questioned how such errors could appear in a court document involving a case that has attracted considerable public attention.
“The lawyers who initially attacked the Attorney-General are now beginning to comment on how poorly drafted the order is. The wording is all over the place, the cross-references to sections have nothing to do with one another, and even the names of the offender are inconsistent,” she said.
She was particularly concerned about two provisions which, in her reading, appeared to give different instructions on what would happen if Najib breached the conditions of house arrest.
One clause, she said, provided that the order would become void if Najib failed to comply with the stipulated conditions, allowing him to be returned to prison or transferred to another location determined by the Prisons Department director-general.
However, she claimed another clause appeared to allow him to remain at his Langgak Duta residence.
“If Datuk Seri Najib breaches the conditions of house arrest, the order becomes void. He must then return to prison or be placed at another location determined by the Prisons Department director-general.
“But suddenly there is another clause saying he can simply remain at his Langgak Duta home. What is this supposed to mean?” she asked.
Liyana also questioned the contents of an accompanying attachment setting out the conditions of house arrest, saying these had yet to be made public.
She said the attachment should be disclosed and examined, as its contents could be crucial to determining how the arrangement was intended to operate.
The dispute follows the Attorney-General’s Chambers’ (AGC) decision to temporarily suspend implementation of Najib’s house arrest while seeking clarification on the interpretation of the Conditional Pardon Order granted by Yang di-Pertuan Agong Sultan Ibrahim.
The decision drew criticism from Istana Negara, which said all conditions stipulated in the royal pardon had been fulfilled and that its implementation should not be allowed to cause prolonged confusion or uncertainty.
The palace also maintained that the pardon order was clear, explicit and unambiguous, and had no bearing on other cases involving Najib.
Liyana said the suspension should be used to examine the disputed provisions and establish whether the court document accurately reflected the King’s decree.
She urged the Attorney-General to present the matter to the King and identify those responsible for preparing the document.
“I hope the Attorney-General will present this matter to His Majesty and disclose who was involved in manipulating the King’s decree for their own interests,” she said.
She also called on Umno and PAS to lodge police reports over the alleged inconsistencies.
Dusuki, meanwhile, declined to comment further when asked about his audience with Sultan Ibrahim. It is understood that the meeting could take place tomorrow.
Najib, 73, received a conditional pardon on Sept 18, allowing him to serve the remainder of his prison sentence under house arrest until Aug 23, 2028.
He was sentenced to 12 years in prison and fined RM210 million after the Kuala Lumpur High Court found him guilty on July 28, 2020, of seven charges involving the misappropriation of RM42 million belonging to SRC International.
The Federal Court dismissed his final appeal on Aug 23, 2022, upholding his conviction and sentence. He began serving his prison term at Kajang Prison on the same day.
Najib subsequently submitted a pardon petition to the King on Sept 2, 2022. The Pardons Board considered his application on Jan 29, 2024.
On Feb 2, 2024, the Legal Affairs Division of the Prime Minister’s Department announced that his prison sentence had been reduced from 12 to six years, while his fine was lowered from RM210 million to RM50 million.
With the AG acknowledging defects in the court document and questions being raised over the provisions governing Najib’s proposed house arrest, the focus is now on obtaining clarity over the order’s wording, its accompanying conditions and how the arrangement is to be implemented. – November 9, 2026
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