KUALA LUMPUR – The Malaysian Bar has filed an application with the high court challenging the Federal Territories Pardons Board’s decision to halve the jail term that Datuk Seri Najib Razak is serving after his conviction in the SRC International corruption case.
According to the application, the bar is seeking for the court to nullify the board’s decision and declare it “unconstitutional and unlawful”.
“We (the bar) are also seeking a permanent injunction, restraining the second respondent (Najib), his servants, agents or otherwise, from submitting any application for pardon, reprieve or respite to the first respondent.
“We also seek the court’s order of prohibition against the first respondent from accepting, considering or determining any application by Najib for pardon, reprieve or respite.
“(These orders were sought) until and unless all criminal charges or prosecution against Najib have been exhausted, and that he has publicly accepted responsibility for his action for which he is convicted and that if he has expressed repentance and remorse for those actions,” said the bar in its application.
The lawyers’ association also seeks further relief as the court seems fit, with no order as to costs.
The bar has claimed the board’s decision infringed Article 3(1) of the Federal Constitution, by giving Najib favoured or special treatment not equally accorded to other convicts applying for pardon.
It also claimed it infringed Article 8(2) of the constitution, whereby Najib enjoyed positive discrimination by the Federal Territories’ Pardons Board.
The bar backed its application by saying that the board had kept Malaysians in the dark over the decision made on January 29, which granted Najib a 50% reduction on his jail term and a reduced fine – from RM210 million to RM50 million.
“No reason was given in the media release (on February 2) by the board as the basis for its decision.
“Despite calls from civil society such as the G25 and Bersih to disclose its reasons, the public’s demand for an explanation remains unheeded.
“The board leaves the public entirely in the dark as to why a former prime minister (who is) involved in the grand larceny of significant public funds, obtained the halving of his imprisonment sentence and more than three quarters reduction in his fines.
“The board’s unreasonable decision constitutes a betrayal of the nation’s faith and trust in its investigating, prosecuting and judicial authorities with regard to their efforts to bring justice to a figure who corruptly abused his position of high office.
“The board’s decisions have also brought massive disrepute to Malaysia and damaged confidence in the world stage.”
The bar also claimed that the board’s “irrational decisions” were mocking the concluded and ongoing prosecutions of Najib and Malaysians’ expectations of transparency, accountability and justice.
“The board’s decision not only brings to nought foreign and local efforts to prosecute and imprison those responsible for the largest kleptocracy in history (but also) makes a mockery of them.
“Najib has never repented nor expressed any remorse. We take the position that Najib was not eligible and did not qualify to apply to the board (in the manner and position which it took).
“His application is irregular and the entire process was nullified from its inception. Najib’s application is not in truth a petition for pardon, forgiveness, mercy or clemency.”
The hearing for the bar’s application is fixed for July 2.
On March 26, bar president Muhammad Ezri Abdul Wahab said the lawyers’ body would challenge the board’s decision after receiving overwhelming support from members during its 78th annual general meeting. – April 30, 2024