Malaysia’s Top Court Clears Way for Najib’s House Arrest Appeal

 

Malaysia’s Federal Court has allowed former Prime Minister Najib Razak to proceed with his legal bid to serve the rest of his prison sentence under house arrest. Najib, jailed since August 2022 over the 1MDB corruption scandal, claims a royal addendum order issued in January 2023 by then-King Al-Sultan Abdullah grants him this privilege. The order allegedly accompanied a royal pardon that reduced his sentence from 12 years to six.

The top court accepted that such a document exists but said it could not rule on its authenticity. The matter will now go back to the High Court for a full judicial review hearing on August 18. This ruling is expected to strengthen calls from Najib’s party, UMNO, for his release to house arrest.

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The controversy has drawn public attention as government officials and pardons board members had long denied knowledge of the addendum, despite the former king’s office confirming it. Najib’s legal team insists the monarch’s decision is final and binding. Malaysia’s king has the constitutional power to grant clemency, and decisions by the royals are rarely challenged. Outside court, over 100 supporters gathered to cheer Najib, who maintains his innocence in the 1MDB scandal.

Najib Razak was found guilty in 2020 of criminal breach of trust and abuse of power for receiving funds misappropriated from a 1MDB subsidiary. Investigators say about $4.5 billion was stolen from the state investment fund, with $1 billion traced to Najib’s personal accounts. While some charges linked to the scandal have been dropped, he is still facing the largest trial of his career, with closing arguments scheduled for October. Najib has denied all allegations.

The judicial review process began in April 2023 after Najib’s lawyers presented a letter from the former king’s palace confirming the addendum. The Kuala Lumpur High Court dismissed the bid, but the Court of Appeal overturned that decision in January. The attorney-general’s office challenged the case, not disputing the document’s existence but questioning how it was presented as evidence.

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On Wednesday, the Federal Court ruled that the attorney-general’s concession on the document’s existence was significant. It decided the matter of the order’s validity must be determined through a full hearing. The outcome could set a rare precedent in Malaysia, where royal clemency decisions are almost never contested. For now, Najib remains in prison, awaiting the next stage of the case that could see him moved to house arrest.