KUALA LUMPUR (Jan 10): The secretariat for the Federal Territories Pardons Board has denied the existence of any additional document or royal addendum in its official files or records that purportedly allows former prime minister Datuk Seri Najib Razak to serve the remainder of his prison sentence under house arrest.
“We confirm that no additional documents or addendum have been found in the official files or records, nor have we received any official notification or instructions from Istana Negara regarding this matter,” said the Prime Minister's Department's Legal Affairs Division, which acts as the board's secretariat, in a statement on Friday.
The Pardons Board is an independent body set up in accordance with the Federal Constitution, and not an agency or department under the division, the division said.
It also warned against the dissemination of misleading statements concerning the position or role of the Pardons Board, stressing that this could lead to "appropriate actions being taken" to preserve the board's integrity and ensure accurate information is shared with the public.
On Monday, a three-member Court of Appeal (COA) bench, in a split 2-1 majority decision, allowed Najib's appeal to challenge the existence of the alleged addendum, supposedly issued by the 16th Yang di-Pertuan Agong.
Pahang exco member Datuk Nizar Najib, who is also Najib’s son, presented a letter purportedly signed by the Pahang royal household comptroller, Datuk Ahmad Khirrizal Ab Rahman, in court, claiming to verify the addendum's existence.
With the COA's decision, Najib's challenge will now be heard in the High Court.
Najib is currently serving time in prison after being found guilty of seven charges, including abuse of power, criminal breach of trust, and money laundering involving SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB).
Originally sentenced to 12 years in jail and fined RM210 million, his jail time has been halved to six years and the fine reduced to RM50 million by the Pardons Board that was chaired by the 16th Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, on Jan 29 last year. It was one of his last official acts as the King before he stepped down from the post.
In its Friday statement, the Legal Affairs Division reiterated that the Pardons Board is an independent body established under the Federal Constitution, and not an agency or department under the Prime Minister's Department.
It clarified that the minister of law and institutional reform, Datuk Seri Azalina Othman Said, is not involved in the administration, management, or decision-making processes related to the Pardons Board or the pardoning of any prisoner.
“We do not engage with the minister on any matters related to the Pardons Board, except through the Yang di-Pertuan Agong, as stipulated in the Federal Constitution,” the division noted.
The division further maintained that the Pardons Board’s proceedings are governed by the Official Secrets Act, and all related documents are accessible only to board members and individuals explicitly authorised by the board.
“No other parties, regardless of their position or rank, have access to these documents. This is in line with maintaining confidentiality and integrity,” it added.
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