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THE Malaysian Bar failed to obtain leave for judicial review to challenge the decision of the Federal Territories Pardons Board (FTPB) to halve Datuk Seri Najib Razak’s jail sentence and reduce his fine in the SRC International corruption conviction.
The Kuala Lumpur High Court dismissed the Malaysian Bar's leave (permission) to initiate a judicial review application against the FTPB’s decision against the former prime minister made on Jan 29.
Judge Datuk Ahmad Kamal Md Shahid dismissed the application on the grounds that the issue of pardons is non-justiciable, and it is the prerogative of the Yang di-Pertuan Agong (YDPA).
"I am of the considered view that the decision of the (then) YDPA and the advice of the Federal Territories Pardons Board were all part and parcel of one process that culminated in the granting of a pardon by the YDPA. Consequently, it is not a matter that is suitable and appropriate to be reviewed before the court," he said.
The applicant had sought a court declaration that the board's decision was unlawful, unconstitutional and void.
It also sought a permanent injunction to restrain Najib, his servants, and agents from submitting any application for pardon until he publicly accepted responsibility and expressed repentance for his actions.
On February 2, the FTPB halved Najib’s 12-year jail sentence over the RM42 million SRC International corruption case. This will see the former leader walk free on August 23, 2028. The board also reduced Najib’s RM210 million fine to RM50 million.
The board said it made the decision after a meeting on January 29. It did not give a reason for approving Najib’s request for a pardon.
The pardon was granted a day before then Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah stepped down. - November 11, 2024