Najib, family can apply for royal pardon

SHAH ALAM - Datuk Seri Najib Razak or family members can apply for the royal pardon from the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah even though he has been sentenced to serve 12 years in prison and a fine of RM210 million.

Legal expert Datuk Salehuddin Saidin said the Federal Constitution under Article 42 stated that the Yang di-Pertuan Aging has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories.

He said when the Federal Court upholds the conviction, that would be the highest court decision that cannot be appealed.

“Najib had to serve his sentence starting today and as we know, the Federal court has also given a committal warrant for him to serve the sentence.

"However, we have a provision in the Federal Constitution under Article 42 where a person who has been convicted and is serving a sentence can make an application either he or his family to the sultan or His Majesty.

"When heard at the Kuala Lumpur High Court, it means that an application or petition to get an application can be submitted to His Majesty.

"His Majesty can grant pardon or relieve the sentence imposed," he said in an interview with Astro Awani earlier today.

The Federal Court upheld the conviction and sentence of 12 years imprisonment and a fine of RM210 million faced by the former Prime Minister in the case of misappropriation of funds of RM42 million belonging to SRC International Sdn Bhd.

Meanwhile, Salehuddin explained that if Najib was given a full pardon, this means that he would no longer have to serve his sentence.

However, he said, at the same time there were also situations where pardons were granted to reduce the prison term or reduce the punishment that had been imposed.

"So this depends on the decision that will be made by the forgiveness congregation, where the absolute decision comes from His Majesty," he said.