KUALA LUMPUR: The statement from the Attorney-General's Chambers (AGC) aims to address confusion surrounding the addendum case of former Prime Minister Datuk Seri Najib Razak.
Constitutional expert Datuk Associate Professor Dr Wan Ahmad Fauzi Wan Husain said the addendum issue remains unclear, leaving the public uncertain about the true status of the case.
He explained that the Attorney-General's statement was intended to clarify the matter, particularly whether the addendum was discussed in the Pardons Board meeting or introduced through other means outside the constitutional process.
"The public does not know the true status, and I believe that with this statement, an opportunity has been given to Datuk Seri Najib to bring the matter back for consideration by the Pardons Board through the process outlined by the Constitution, particularly to allow the AGC to formally present legal opinions on any arising issues," he said.
The AGC had earlier stated in a statement that all pardon applications, including Najib's, must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong (King). The process must follow procedures outlined by the Constitution and relevant laws.
On Dec 10, Prime Minister Datuk Seri Anwar Ibrahim confirmed submitting the issue of Najib's Addendum Decree for consideration by the Yang di-Pertuan Agong, Sultan Ibrahim, in his capacity as Chairman of the Pardons Board.
Anwar said the Board would weigh several factors, including the case's progress, sentence, prison conduct, contributions, and the individual's ability to carry out responsibilities before making a decision.
On July 3, the Kuala Lumpur High Court rejected Najib's request to start judicial review proceedings over the addendum's validity, stating that the affidavits supporting his claim were based on hearsay.
Najib subsequently filed an appeal on July 9.
Constitutional expert Prof Muhammad Fathi Yusof said that while pardons are under the jurisdiction of the Agong and the Pardons Board, they must still comply with existing laws and regulations.
"Even though the Agong and Pardons' Board has authority over pardons, it does not mean they can be granted beyond what the law and rules allow," he said.
On the proposal to reduce Najib's sentence to house arrest, Fathi noted that such a change could only be implemented if current laws permitted it.
Malaysian law does not include house arrest as a form of punishment, he said.
He raised questions about whether an application for house arrest could be made under current legal provisions and suggested that those seeking it wait for Parliament to pass relevant legislation.
Fathi called on the AGC to provide further clarification to help the public and relevant authorities understand the legal framework.