KUALA LUMPUR (Nov 11): Barisan Nasional members of Parliament (MPs) on Wednesday called for an independent review of how the Attorney-General’s Chambers (AGC) handled requests for clarification, which subsequently delayed the implementation of Datuk Seri Najib Razak’s house arrest.

The MPs, led by Tenggara MP Manndzri Nasib, argued that Najib eventual transfer does not resolve questions over the legal basis and administrative handling of the postponement. They once again demanded for the Attorney General Tan Sri Mohd Dusuki Mokhtar to be temporarily relieved of his duties through lawful procedures while the review is conducted.

“Implementing house arrest does not erase the delay [and] resolving the matter does not remove accountability. The Attorney-General must explain why the postponement occurred and who was responsible,” Manndzri Nasib said at the press conference at the Parliament building here. 

Manndzri Nasib was joined by Datuk Siti Aminah Aching (Beaufort), Datuk Suhaimi Nasir (Libaran), Datuk Mohd Isam Mohd Isa (Tampin) and Datuk Shamshulkahar Mohd Deli (Jempol).

While the MPs acknowledged the need for the AGC to seek judicial clarification on the High Court first order of the house arrest, they argued that this did not absolve the chambers of its core responsibility to act promptly, provide accurate legal advice, and ensure its decisions were properly implemented. 

The so-called delay that the MPs argued happened between Nov 6, when Najib paid his RM50 million fine, and Nov 10, when the High Court issued a replacement order allowing him to serve his remaining SRC International sentence at home. They asked what legal or documentary obstacles had prevented the transfer on Nov 6, when those problems were identified, and why they could not have been resolved sooner.

“If the solution was to issue a new warrant or correct documents, the AGC must explain why this was not coordinated earlier or pursued immediately after the problem was identified,” they argued. 

In response, the AGC had earlier said the postponent was necessary to clarify the conditional pardon and the legal implications of the Nov 6 discharge order. On Tuesday, Mohd Dusuki said his office had applied for a fresh order consistent with the pardon granted by the Yang di-Pertuan Agong, Sultan Ibrahim, on Sept 18. 

High Court judge Datuk Aslam Zainuddin subsequently set aside the earlier order and replaced it with one allowing Najib to serve his remaining SRC sentence at home until Aug 23, 2028. Under that order, he is to return to Kajang Prison on Aug 24, 2028, to begin serving his sentence in the separate 1MDB case.

Meanwhile Home Minister Datuk Seri Saifuddin Nasution Ismail said the government had resolved the legal questions. He defended seeking judicial clarification to ensure the government’s actions had a clear and valid legal basis. Saifuddin was expected to explain on overall issues in Parliament on Thursday (Nov 12).  

Even so, the BN MPs went on to questioned why issues concerning interpretation and implementation had surfaced only after payment of the fine, about seven weeks after the conditional pardon. It also sought an explanation of how the interaction between Najib’s SRC and 1MDB sentences had ultimately been resolved.

The conditional pardon was given in September by Sultan Ibrahim, where it required Najib to pay the RM50 million fine first in order for him to serve the remainder of his jail sentence under house arrest at his Langgak Duta home, until Aug 23, 2028.

He was found guilty of three counts of criminal breach of trust, three money laundering charges, and one count of abuse of power of SRC International Sdn Bhd funds, for which he was originally sentenced to 12 years’ imprisonment and a RM210 million fine.

On Wednesday, the secretariat also accused DAP leaders, particularly secretary-general Anthony Loke and Housing and Local Government Minister Nga Kor Ming, of “derhaka”, or defiance of the royal decree, over their public criticism of the decision. “The right to express political views does not give them permission to overstep constitutional boundaries,” Manndzri Nasib said.

Loke, who resigned as transport minister on Tuesday following the court ruling, described his departure as consistent with his previously stated principles and position. The secretariat also demanded that Nga clarify his position following Loke’s departure and questioned Federal Territories Minister Hannah Yeoh’s statement that she should have been the one to step down.

It asked whether Yeoh objected to the pardon itself, its implementation or the government’s handling of the matter, and sought assurance that her political position would not affect her official responsibilities. Yeoh had said Loke wanted the remaining DAP ministers to fulfil their promises to the public and complete unfinished work.

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