Malaysia High Court dismisses bid against pardon granted to former PM News
APEC 2013, CC BY 3.0, via Wikimedia Commons
Malaysia High Court dismisses bid against pardon granted to former PM

Malaysia’s High Court dismissed on Monday the Malaysian Bar’s bid to overturn the decision to reduce former prime minister Najib Razak’s prison sentence and fine for corruption, local media reported. Razak had been convicted in relation to a scandal surrounding Malaysia’s sovereign wealth fund, 1 Malaysia Development Berhad (1MDB).

Justice Ahmad Kamal, the judge who made the ruling, stated to local reporters that the power to grant pardon is the sole discretion of Malaysia’s king. He explained that according to Article 42 of Malaysia’s Federal Constitution, the Federal Territories Pardons Board (FTPB) doesn’t have the power to grant mercy and only the king has the prerogative to give pardons, reprieves and respites for offenses committed within federal territories. Therefore, the decision to reduce Najib Razak’s sentence can not be subject to judicial review. The royal prerogative of mercy, or royal pardon, is the power by which the monarch can grant pardons to convicted prisoners. Once granted, the pardon removes all legal punishments for the committed offenses in addition to any disqualifications under the law.

The Malaysian Bar defended its request by arguing that the bid against the reduction of Najib Razak’s sentence didn’t target the king’s prerogative to grant pardons but challenged the FTPB’s advice on the matter. However, Justice Ahmad Kamal replied that the Bar’s approach to separate the FTPB’s advice from the pardon decision was flawed. He further elaborated to local newspaper Malay Mail that the pardons board’s recommendation for mercy and the king’s decision are integral parts of a single process that culminated with the granting of pardon by the FTPB. Therefore, since the king’s decision to grant the pardon cannot be reviewed by the courts, the entire process that led to this decision is also not subject to judicial review.

The Malaysian Bar filed its application for a judicial review of the pardons board’s advice to the king on April 26. It asked the court to declare that the reduction of Najib Razak’s jail sentence and fine was unlawful, unconstitutional and void. However, since it failed to obtain the court’s approval, the bar’s lawsuit can not be heard. Nevertheless, the lawyers representing the bar told reporters that they will consider filing an appeal against Monday’s decision.

Monday’s legal dispute arose following the FTPB’s decision last February to halve Najib Razak’s 12-year-imprisonment sentence and to reduce the imposed 210 million ringgit fine to 50 million. The 1MDB financial scandal case involves Malaysian financiers and government officials, including former prime minister Razak, who was charged with abuse of power, breach of trust and money laundering and is currently serving his sentence in Kajang prison. In April, Razak submitted a request for a judicial review to the High Court, seeking permission to serve his sentence under house arrest. Although the Malaysian government did not respond to his request, it did introduce a controversial reform in October that would permit the substitution of prison sentences with house arrest.

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