SHAH ALAM - A lawyer proposed the amendment of the Federal Constitution (FC) that requires an MP to take garden leave if sentenced to prison while another lawyer feels there is nothing wrong with law, reiterating that politicians who have exhausted all appeals should be automatically disqualified from the post.
Those were among the mixed views garnered when Sinar Daily spoked to several lawyers to find out about their views on newly incarcerated former prime minister Datuk Seri Najib Razak who maintained his status as Pekan MP until his royal pardon was finalised.
Lawyer Alex Natto was of the view that an amendment of article 48 of the FC should be done to the wording of paragraph (e) on the provision.
"If there was going to be an amendment, it should be ‘or has not received a free pardon’ and not ‘and has not received a free pardon’,” he said.
He also mentioned parliament members who faced court charges should take garden leave because it would be unfair to the constituent left unrepresented as there were no provisions on the deadline for the King to grant his pardon.
"It’s really not fair to the constituent especially when the charges are dealing with corruption and mishandling of money.
"It’s the use of the public funds and you’re the public officer with a public duty,” he told Sinar Daily.
He added that the requirements for one not to be convicted, charged with a criminal offence or declared bankrupt was not just for parliamentary members but those with important posts such as directors of companies because these were the ones with a heavy responsibility of holding the trust of the people.
Meanwhile, another lawyer believed that Najib should be disqualified from his status as MP because he had exhausted all avenues for appeal.
Datuk M Reza Hassan when contacted said there was no issue with the law and it should not be amended as it was already solid as it is.
"The law is fine, but the interpretation is wrong.
"Even depending on article 48 of the FC, Najib should be disqualified (as an MP) but that’s my interpretation and that does not count.
"What counts is the interpretation of the speaker,” he said.
He told Sinar Daily that the speaker of the House of Representatives Azhar Harun should disqualify Najib and by-elections should not be called as the General Election (GE15) was just around the corner and it would not be affecting the majority.
"A people’s representative should be representing the people so if he cannot represent them because he’s in jail, how can he continue to be MP?” he questioned.
As for lawyer New Sin Yew, he said there was nothing wrong with Najib applying for a pardon, as the constitution has provided.
To him, an amendment to the provision was unnecessary as anyone had the right to apply for a pardon as their final resort and this law has been in the constitution since pre-Merdeka days.
"The Malay Sultan before has also exercised this prerogative which is very similar to that of the British Crown, so it’s not Najib alone relying on it,” he said.
Since there was no specific deadline for the King to grant Najib’s pardon, Sin Yew said that the decision for an MP’s petition of pardon should be dealt with quickly before the next parliamentary seating lest the constituency will be left unrepresented.
"If it takes a very long time, the people of Pekan will be unrepresented at parliament unless Najib manages to obtain a license to attend parliament.
"I think that depends on the prison’s department whether he can be allowed to leave prison to attend parliament,” he said.
On Thursday, Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun said Najib would remain the Pekan MP pending his applications for a royal pardon and a Federal Court review of its decision to maintain his SRC International conviction.
Azhar confirmed receiving documents showing that Najib had filed his petition for a royal pardon within the 14-day deadline from the Federal Court’s August 23 decision to uphold his conviction and sentence in the SRC case, which meant Najib would not be disqualified as Pekan MP immediately and that his MP status would then depend on the outcome of the pardon bid.