KUALA LUMPUR — The delay in transferring Datuk Seri Najib Razak to house arrest was caused by ambiguity in the court order, rather than any conspiracy to undermine the royal decree, senior lawyer Datuk Seri Dr Jahaberdeen Mohamed Yunoos said.
The royal decree was clear, but the wording of the subsequent court order had created difficulties for the Prisons Department in carrying out the transfer, he told Scoop.
“The decree is very, very clear. But the order itself is a bit ambiguous,” Jahaberdeen said on Scoop’s Trick Lama podcast hosted by Big Boom Media editor-in-chief Terence Fernandez, executive director Datuk ‘Rocky’ Ahiruddin Attan and chief executive officer Datuk Zainul Arifin Mohammed Isa.
Jahaberdeen said the Prisons Department was responsible for implementing the court order and thus sought clarification from the Attorney-General’s Chambers (AGC) when it encountered the ambiguity.
He said the use of the word “discharge” in the order could be interpreted as releasing Najib from detention, rather than transferring him to another designated place to serve his sentence.
“We must remember that Najib is still in prison in Kajang. The only thing happening now is transferring him from one prison to another prison,” he said.
“If I had my way, I would probably title the order as an order to transfer. Because we must remember that Najib is still in prison. He has only been moved geographically. It is not a discharge.”
Jahaberdeen said the AGC was acting in its capacity as the government’s legal adviser and was seeking to address the ambiguity in the order.
“I don’t think there is any conspiracy or anything there to go against (the royal decree). The AGC was simply trying to do its job to the best of its ability,” he said.
He explained that the Prisons Department could seek legal advice from the AGC when faced with uncertainty over the implementation of a court order, as the department was required to act in accordance with the law.
Najib, 73, had been imprisoned at Kajang Prison since August 23, 2022, following his conviction in the SRC International case.
In January 2024, the then Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah, granted Najib a royal pardon, reducing his 12-year prison sentence by half and cutting his RM210 million fine to RM50 million.
In September 2026, the current Yang di-Pertuan Agong, Sultan Ibrahim, granted Najib a further conditional pardon, allowing him to serve the remainder of his sentence under house arrest until August 23, 2028.
The podcast also touched on the RM50 million fine imposed on Najib following the royal pardon. Jahaberdeen said anyone with genuine concerns about the source of the money should refer the matter to the Malaysian Anti-Corruption Commission (MACC) rather than make allegations without evidence.
“If you genuinely think that there’s something wrong with the RM50 million, lodge a report at MACC,” he said.
He stressed that questions about the source of the funds and the payment of a court-imposed fine were separate matters.
Jahaberdeen also explained that fines were generally paid through the court, which would issue the relevant receipt and documentation before the necessary order was communicated to the Prisons Department.
He said the distinction was important when examining the administrative process surrounding Najib’s case, adding that the authorities involved had to act according to the proper legal procedures. – November 15, 2026