The fate of former Malaysian Prime Minister Najib Razak hangs in the balance as the High Court judge, Justice Alice Loke, prepares to deliver a crucial decision on his house arrest request. Will Najib be allowed to return home and serve the remaining years of his prison sentence under house arrest? This is the question that will be answered tomorrow, and it could have significant implications for the future of Malaysian politics. But here's where it gets controversial...
Najib, who was found guilty of abuse of power, criminal breach of trust, and money laundering in a high-profile case, has exhausted all his appeals. The High Court judge previously imposed a six-year jail sentence and a RM50 million fine, with the possibility of an additional year if the fine is not paid. However, Najib believes there is a royal addendum order that would allow him to serve his sentence under house arrest, and he has filed a judicial review application to that effect.
The application, filed on April 1, 2024, names several government officials as respondents, including the Home Minister, the Commissioner General of Prisons, and the Attorney General. Najib is seeking a mandamus order that would compel these officials to verify the existence of the addendum order and, if it exists, to execute the royal order and move him from Kajang Prison to his residence in Kuala Lumpur.
The Kuala Lumpur High Court initially dismissed Najib's application for leave, citing hearsay in supporting affidavits. However, Najib appealed the decision at the Court of Appeal, where he won a 2-1 majority decision with an order for the matter to be remitted back to the High Court for a full hearing. The Attorney General's Chambers then appealed against the appellate court's decision at the Federal Court, but on August 13, a three-judge panel of the Federal Court dismissed the AGC's appeal and ordered that Najib's judicial review be remitted back to the High Court for a full hearing on its merits.
The case has now returned to the High Court before Justice Alice Loke, who has heard the submissions in the case and fixed December 22 for decision. The outcome of this decision could have significant implications for the future of Malaysian politics, and it will be interesting to see how Justice Loke rules on this controversial matter.
