KUALA LUMPUR – Datuk Seri Najib Razak has filed a preliminary objection against the Malaysian Bar’s motion to challenge the Pardons Board’s decision to reduce his prison sentence and fine, claiming that the professional body’s annual general meeting was void.
The former prime minister, in an affidavit sworn by his counsel Muhammad Farhan Muhammad Shafee, argued that the Malaysian Bar lacked the locus standi, or legal right, to initiate the action.
He claims that the bar’s 78th AGM, which passed a motion to file the action, was void, as it was purportedly conducted without the necessary quorum and thus violated the Legal Profession Act 1976, rendering it ultra vires, or beyond the bounds of the bar’s power, and a breach of statutory duty.
Farhan, in his affidavit filed yesterday, said among the numerous motions proposed during the AGM was one regarding the Pardons Board, which sought to obtain the bar members’ approval to file a judicial review application against the board’s decision on Najib’s sentence.
“Pursuant to Section 64(4) of the Legal Profession Act 1976, the quorum to commence the AGM requires 500 members of the bar to be in attendance. However, I verily believe that at 10am on March 16, the requisite quorum of members had not been achieved.
“The AGM commenced at 12.15pm on March 16 with only 401 members in attendance (approximately 1.6% of the total members of the bar), below the requisite quorum required and the motion to file this present judicial review challenge was allegedly deliberated and passed resulting in the present challenge.
“I believe that the 78th AGM of the Malaysian Bar is null and void in law rendering the decision to file this suit ultra vires. It ought to be struck out,” said Farhan.
The lawyer also said the bar lacked the locus standi to commence the action as it did not have any legal or equitable interest in the matter of Najib’s pardon.
The Malaysian Bar filed the judicial review leave application on April 26, naming the Federal Territories Pardons Board, along with Najib, as respondents.
It is seeking a declaration that the January 29 Pardons Board decision regarding Najib’s application to halve his prison sentence, which would result in an early release on August 23, 2028, is illegal, unconstitutional and invalid.
It is also seeking a declaration that the Pardons Board’s decision to reduce Najib’s fine from RM210 million to RM50 million, with the condition that failure to settle it would extend his prison term by a year, resulting in early release on August 23, 2029, is illegal, unconstitutional and invalid.
Najib, 70, has been serving his sentence in Kajang Prison since August 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
He filed a petition for a royal pardon on September 2, 2022, resulting in the Pardons Board halving his prison sentence from 12 years to six, and reducing the fine from RM210 million to RM50 million. – August 7, 2024