KUALA LUMPUR – Convicted former prime minister Datuk Seri Najib Razak, could be out of prison earlier than his scheduled release date of August 23, 2028, if he were to apply for parole, lawyer Mohamed Haniff Khatri Abdulla said.
Haniff told Scoop there is precedent in the case of former Selangor menteri besar Datuk Seri Dr Mohamad Khir Toyo, who was sentenced to 12-months jail for corruption, and was out on parole in 2016 after serving six months in jail.
“Najib’s sentence has been reduced from 12 years in jail to six years, and RM210 million fine to RM50 million fine. This is now his maximum sentence.
“This does not stop Najib from probably using other provisions in the law to get an early release, because apart from the Pardons Board, we also have the Parole Board in the Prisons Act 1995.
“Under Section 46E(6) on eligibility for parole, a convict is allowed to apply for parole after serving 50% of his maximum jail sentence.
“So, on assumption that Najib has paid his fine, then by August 23, 2025, he would have served 50% of his jail term.
“And by this date, Najib can apply from the Parole Board to serve the remaining three years at a residence, and the Parole Board can allow the application.
“So… don’t be surprised if come 2025, the Parole Board would announce that Najib is released,” Haniff said.
If Najib – now 70-years-old – were to be released on parole, the convicted former prime minister would be treated just like any other parolee and would be required to report to a parole officer, among other conditions stated under Section 46 of the Prisons Act.
On July 28, 2020, the high court convicted the former Umno president and ex-Pekan MP of misappropriating RM42 millions of SRC International Sdn Bhd funds, and sentenced him to 12 years in jail and a RM210 million fine.
Najib appealed, and on August 23, 2022 lost his final bid at the federal court. He began his prison sentence the same day. He also applied for a royal pardon on September 2 the same year.
Najib also applied for the Federal Court to review its own decision in upholding his conviction and sentence, which was dismissed on March 31, last year.
After weeks of speculation on a royal pardon, the Pardons Board earlier today announced a remission on his jail sentence and reduction on his fine.
Najib, who was also previously finance minister and oversaw 1Malaysia Development Bhd (1MDB), still has three other court cases pending.
They are for alleged corruption involving RM2.3 billion of 1MDB funds, which is currently in the trial stage; misappropriation of RM6.6 billion in relation to the International Petroleum Investment Company, for which trial is to begin in June; and money-laundering charges involving RM27 million of SRC International funds, which are to be heard in September. – February 2, 2024