Bar appeals to challenge Najib’s pardon in SRC case

KUALA LUMPUR: The Malaysian Bar has turned to the Court of Appeal in its bid to challenge the decision of the Federal Territories’ Pardons Board (FTPB) to reduce the jail term and fine imposed by the courts on former prime minister Najib Razak in his SRC International corruption case.

Lawyer Zainur Zakaria said the Bar filed a notice appeal in November last year, shortly after Justice Ahmad Kamal Shahid delivered his oral decision.

“We have obtained the judge’s written grounds and are now preparing the memorandum of appeal to cite where he had erred on the facts and in law,” he told FMT.

Zainur, a former Bar president, said the Bar has until next month to file its memorandum of appeal but expects to be able to do it sooner.

Ahmad Kamal had on Nov 11 last year ruled the subject matter of the Bar’s proposed judicial review application was non-justiciable.

“I am of the view that the decision of the Yang di-Pertuan Agong and the advice of the FTPB are all part and parcel of one process that culminated with the pardon of the king. Consequently, it is not a matter that is suitable and appropriate to be reviewed by this court,” he said at the time.

Ahmad Kamal ruled that the prerogative of mercy, pursuant to Article 42 of the Federal Constitution, involved a direct exercise of the king’s personal discretion.

He said the Bar was, in essence, seeking to split the decision of the king from the advice from the board.

The attorney-general, as the guardian of public interest, had opposed Bar’s application for leave to commence judicial review proceedings to challenge the FTPB’s decision.

The Bar had filed its leave application in the High Court on April 26, naming the FTPB and Najib as respondents.

It sought declarations that the FTFB’s decision, made on Jan 29 last year, was illegal, unconstitutional and invalid. The FTPB had halved Najib’s jail term from 12 years to six and reduced his fine from RM210 million to RM50 million.

Najib, 71, has been serving his sentence in Kajang prison since Aug 23, 2022, following the Federal Court’s dismissal of his final appeal from conviction and sentence for abuse of power, criminal breach of trust and money laundering of RM42 million in funds belonging to SRC International.

He filed his petition seeking a royal pardon on Sept 2, 2022.

The pardon was announced on Feb 2 last year.