Court rejects Malaysian Bar's bid to challenge Najib's pardon

KUALA LUMPUR - The Malaysian Bar has failed in its bid to challenge the Pardons Board's decision in reducing Datuk Seri Najib Razak’s prison sentence and fine in the SRC International Sdn Bhd case.

This followed a decision by High Court Judge Datuk Ahmad Kamal Md Shahid which dismissed the Malaysia Bar’s application for leave to initiate judicial review proceedings against the Pardons Board’s decision.

In his ruling, Judge Ahmad Kamal said the application was non-justiciable and frivolous as the decision of the Yang di-Pertuan Agong (YDPA) and the Pardons Board are all part and parcel of one process that culminated with the granting of pardon by the YDPA.

"In this present case, I find that the prerogative of mercy pursuant to Article 42 of the Federal Constitution is the direct exercise of the YDPA's sole discretion and not the Pardons Board or power delegated to the Pardons Board.

"Reading Article 40(2) of the Federal Constitution, together with Article 42 of the constitution, it is clear that the power of pardon is a decision specifically entrusted to the sole discretion of the YDPA.

"Therefore, the final and conclusive determination rests with the YDPA and not the Pardons Board. Thus, it’s not a matter that is suitable and appropriate to be reviewed before the court,” said the judge, adding that the application for leave ought to be dismissed with no order as to costs.

Counsels Muhammad Farhan Muhammad Shafee and Datuk Zainur Zakaria acted for Najib and the Malaysian Bar, respectively, while senior federal counsel Ahmad Hanir Hambaly appeared for the Attorney-General.

On April 26, the Malaysian Bar filed an application for leave to commence a judicial review, naming the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, as well as Najib, as respondents.

It is seeking a declaration that the Jan 29 Pardons Board's decision to halve Najib's prison sentence, which would result in an early release on Aug 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 RM210million to RM50million, with the condition that failure to settle it would extend his prison term by a year, resulting in early release on Aug 23, 2029, is illegal, unconstitutional and invalid.

Najib, 71, has been serving his sentence in Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42mil from SRC International Sdn Bhd.

He filed a petition for a royal pardon on Sept 2, 2022, resulting in the Pardons Board halving his prison sentence from 12 years to six years and reducing the fine from RM210 million to RM50 million. - BERNAMA