KUALA LUMPUR – Datuk Seri Najib Razak’s reduced prison sentence and fine do not equate to an exoneration, as the guilty conviction is still upheld, legal experts said.
The practising lawyers and scholars also insist that the former prime minister’s name was not absolved from the graft allegations of the RM42 million SRC International Sdn Bhd case.
Former Court of Appeal judge Datuk Hamid Sultan Abu Backer told Scoop that the power to grant pardons is solely the prerogative of the Yang di-Pertuan Agong, who acted on the advice of the Pardons Board, adding that this was separate from the court’s decision to convict Najib.
“There is a dissenting judgment in favour of Najib. The constitution does not prohibit him from making further applications for pardon, but usually it must be with new grounds or mitigation factors.
“Ultimately, it is the king’s absolute right to decide. Therefore, in making the pardon application, a person can rely on any grounds to convince the king,” he said.
Constitutional expert, Datuk Shad Saleem Faruqi, said that the remission granted to Najib by the Pardons Board today does not affect the court’s decision in any way.
“A pardon does not, in any way, imply that the court was wrong. There are many considerations taken by the Pardons Board and the king to decide on a pardon petition.
“However, where the court is concerned, it only deals with primarily legal factors. We have had laws involving pardons all along, so this decision does not reflect on the court’s judgment.
“The Pardons Board’s decision for Najib’s petition does not, in any way, denigrate the system of justice. Judges have made their decision, and their decision stands. Pardon is an exercise of mercy, not an exercise in law.
“But of course, it would have implications for public opinion; the public would question how the rich and powerful get better treatment,” Shad said.
Meanwhile, lawyer Datuk Seri Jahaberdeen M. Yunoos said that the reduced sentence granted to Najib will have no effect on his ongoing court cases, as each case will be adjudicated based on the specific evidence adduced in each of the cases.
“The pardon is a case-by-case matter. It only affects the sentencing of the case that is being sought to be pardoned.
“As far as the trial court is concerned, it has made a verdict of guilty and made the sentences as it deemed fit, according to judicial principles.”
Najib, who is also former Pekan MP, was found guilty of misappropriating RM42 million of SRC International Sdn Bhd’s funds on July 28, 2020.
He was sentenced to 12 years of imprisonment and was ordered to pay a RM210 million fine.
Consequently, Najib appealed against the sentence and conviction at the Court of Appeal and Federal Court.
Both the higher courts dismissed his appeal on December 8, 2021, and August 23, 2022, respectively. This led to Najib being sent to prison immediately after his final appeal was dismissed by the apex court.
Najib then filed a petition on September 2, the same year, seeking royal pardon. On March 31, last year, the Federal Court dismissed Najib’s application to review the Federal Court’s decision that upheld the lower court’s decision against him.
Earlier today, the Pardons Board secretariat for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya announced that Najib was granted a remission of his jail sentence and fine.
Najib’s jail sentence was reduced from 12 years to six years, while his fine was reduced from RM210 million to RM50 million. However, if Najib fails to pay the RM50 million fine, he would have to serve an additional year in prison in default.
Apart from being found guilty for misappropriating SRC International’s funds, Najib is still under trial for another corruption case involving RM2.3 billion of 1Malaysia Development Bhd (1MDB) funds.
He has also sent a representation letter to the Attorney-General’s Chambers (AGC), seeking to drop his third criminal charge involving RM27 million of SRC International’s funds.
The trial for his fourth court case, which involves the criminal breach of trust of RM6.64 billion in government funds, is set to commence in June of this year.
However, Najib has been acquitted in his fifth criminal case involving 1MDB audit-tampering. – February 2, 2024