KUALA LUMPUR, Dec 22 — Former prime minister Datuk Seri Najib Razak will know today if he can spend the rest of his jail term at home, or if he has to remain at Kajang Prison.

The High Court is set to deliver its decision on his bid for house arrest.

Najib will likely get an answer to the biggest question in this court case: Can the Yang di-Pertuan Agong’s add-on order for Najib’s house arrest still be carried out, even if it was not made during the Pardons Board meeting?

Here’s what we know so far, based on court documents and news reports:

Since August 23, 2022, Najib has been serving his 12-year jail term after he was found guilty in the RM42 million SRC International Sdn Bhd case.

During the Federal Territories Pardons Board’s January 29, 2024 meeting, the Yang di-Pertuan Agong decided to reduce Najib’s jail term from 12 years to six years and to reduce his fine from RM210 million to RM50 million.

This means Najib would complete his reduced six-year jail term either on August 23, 2028, or August 23, 2029, depending on whether he pays the fine. 

Najib later said he learnt that the Agong had made an “addendum” or a separate add-on order to put him on house arrest.

Najib on April 1, 2024 filed this court case, as he wanted the Malaysian government to confirm the Agong’s house arrest order exists and to carry out the order.

In August this year, the Federal Court noted that the Attorney General had conceded that the house arrest order exists, but said it would let the High Court decide if the order is valid and can be carried out.

Here’s what the Pardons Board secretariat’s senior officer told the High Court: The Agong on January 29, 2024 “assented” or verified the minutes of the Pardons Board’s meeting that was held on the same day.

Based on the meeting minutes, the same senior officer told the High Court that the add-on house arrest order was not discussed or decided during this Pardons Board meeting.

Why did Najib ask to find out the High Court’s decision earlier?

Initially, the High Court on November 24 said it would deliver its decision on January 5 next year.

On November 25, Najib via his lawyers urgently requested an earlier decision date, based on “urgent humanitarian” reasons.

The lawyers said their 72-year-old client has remained in prison for nearly two years since the Agong’s add-on order for house arrest was issued, as the house arrest order is still a matter before the courts: “Every additional day spent in custody is a day of liberty that can never be returned to him.”

“The prolonged detention has caused immense distress, trauma, and a significant deterioration to his emotional and overall wellbeing,” Najib’s lawyers said in the November 25 letter to the High Court.

With no objections from the AGC, the High Court agreed to Najib’s request and brought forward the decision date by two weeks, which is today (December 22).

This Friday, Najib is also set to end the year by finding out whether the High Court finds him guilty or not of 25 criminal charges in the 1Malaysia Development Berhad (1MDB) trial.