Najib's home must function like a real prison, and Rosmah cannot live there, says lawyer

KUALA LUMPUR: A residence gazetted as a prison for Datuk Seri Najib Tun Razak must be modified to function like a real prison, including being occupied only by the prisoner and prison staff, according to a senior lawyer.

Senior advocate and solicitor Datuk Shamsuddin Nawawi said this meant Najib's wife, Datin Seri Rosmah Mansor, could not live with him in the same house.

"If a house is made into a prison, all prison rules must be enforced. A prison is a restricted and security area, so all standard operating procedures must be followed," he told Berita Harian.

"A prison is where prisoners serve their sentences. Once a house has been gazetted as a prison, only the prisoner can be held there," he said.

That is his reading of the Prison Act 1995. The Prisons Department has yet to announce the standard operating procedures that will apply to Najib's house arrest.

Fences, scanners and a visitors' book

According to Shamsuddin, a house gazetted as a prison must have security fencing and scanners, and must not contain anything that could be considered a weapon, including sharp objects capable of injuring the inmate or staff.

"For example, if former prime minister Datuk Seri Najib Razak's house does not have fencing that meets prison standards, fencing must be installed," he said.

Visitors would also have to pass through scanners and sign a visitors' book, as at an ordinary prison, he said. The public, he added, should drop the perception that Najib would be free to cook or go online like anyone else.

That view differs from the early picture given by police. Sentul district police chief Assistant Commissioner Anuar Bakri Abdul Salam said earlier that no iron fencing or tight security barriers would be installed if Najib were detained at the Langgak Duta residence. The Prisons Department would oversee security inside the house and police would handle security outside, he said.

No specific rules

Shamsuddin said any house or building could be gazetted as a prison under Section 3 of the Prison Act 1995, which gives the minister that power.

Malaysia, however, has no specific procedure for turning a house into a prison, he said. Until such rules are drawn up, a home prison should follow the existing rules that apply in an ordinary prison.

"Right now there are no rules on whether a prison at home has to be the same as an ordinary prison, or a little looser," he said.

Such rules could be made without being tabled in Parliament, as they fall under the powers of the minister and the Director-General of Prisons, he said.

The fine is still unpaid

All of this still hinges on one condition. Attorney General Tan Sri Mohd Dusuki Mokhtar said the RM50 million fine had not been settled, and Najib would remain in Kajang Prison until payment was made at the Kuala Lumpur High Court Registrar's Office.

"So far, Datuk Seri Najib's family has not paid the fine. Once payment is made, I cannot say precisely when he will be taken home," he said, according to Utusan Malaysia.

The location of the detention has not been confirmed either. Najib has two residences in Kuala Lumpur, at Langgak Duta and at Pavilion.

The law firm Shafee & Co said Najib was obtaining advice and considering options to meet the payment condition, as most of his assets, bank accounts and properties remained subject to government freezing orders. That is the defence team's account, and it does not independently establish Najib's financial position.

Rosmah, meanwhile, on September 21 thanked friends from Brunei, Italy, Singapore and Canada who had contributed to the Najib Razak Solidarity Fund.

"They only want to see Datuk back with his family. That is all," she said.

The cost of a breach

The Yang di-Pertuan Agong, Sultan Ibrahim, approved house arrest for the remainder of Najib's sentence until August 23, 2028, subject to the stipulated conditions.

The Prime Minister's Department's Legal Affairs Division said noncompliance would invalidate the conditional pardon and require Najib to resume his remaining prison term immediately.