It seems like convicted ex-PM Najib Razak’s controversial pardon issue still appears to be the talk of the town! And not only that, it still continues to be a deeply divisive and touchy topic, not just amongst the general public but also amongst experts within the legal fraternity!
For context, last Feb 2, the Federal Territory Pardons Board (FTPB) had announced a reduction of Najib’s prison sentence in the SRC International case from 12 years to six while his fine was also reduced from RM210 million to RM50 million.
But barely a week later it made the headlines again after Najib’s lawyer Shafee Abdullah had hit out at the Malaysian Bar president Karen Cheah in a press conference over her assertion that the King can only grant pardons “on the advice” of the Pardons Board.
Pointing out that Karen does not understand the Federal Constitution, the prominent lawyer then mockingly said that the Malaysian Bar president should “go back to law school!”
Actually, Karen had affirmed it was the Bar’s stance that under the Federal Constitution, the exercise of the power to grant pardons vested in the King must be exercised “on advice”, and that the King shall accept in accordance with such advice; she had also expressed disappointment over the FTPB’s decision to commute Najib’s sentence, asking if the exercise of mercy had robbed the nation of justice.
In a sarcastic response, Shafee then said he was not surprised by the Malaysian Bar and its president for being completely ignorant about this issue saying that the Bar Council's recent press release on the matter was a total disappointment.
Refusing to give in, Shafee maintained that the Bar Council was ignorant of the law relating to Royal Prerogative of mercy in relation to pardon, claiming that the Royal Pardon was an absolute and unqualified power and discretion of the Yang di-Pertuan Agong and he need not accept the opinion or advice of the members of the Board.
However, hardly two weeks later the controversy took another twist when the Malaysian Bar organised a one-day public forum entitled "Justice and Mercy: A Forum on Reforms to the Pardons Board in Malaysia” at its headquarters.
Among the panellists were Najib's lead counsel Shafee Abdullah himself, Bar president Karen Cheah, legal and constitutional expert Emeritus professor Dr Shad Saleem Faruqi and several others; and as expected, tension was palpable from the word go, as the learned panellists engaged in passionate debates on the controversial issue involving the Pardons Board.
But it was not until the question-and-answer session that things took a dramatic turn; this was when renowned lawyer Manjeet Singh, a past Bar president, argued with the statement from Najib’s lawyer regarding the royal pardon given to a former politician, the late Mokhtar Hashim, whose case was presided over in the 1980s.
In no uncertain terms, Manjeet reprimanded Shafee that he should stop misleading the audience by giving incorrect information; he further added that the case was in 1982 and asked Najib’s lawyer pointedly: “Where were you at that time?"
Shafee then defended himself by saying that he merely spoke based on information he gathered from records obtained from a prison legal officer. Apparently, the senior lawyer had cited Mokhtar's case to shed more light on Agong's sole prerogative on the royal pardon issue.
But, clearly unhappy with Shafee's explanation, the former Bar president then reminded the panellists and the audience - and specifically lawyers - to always avoid hearsay and instead rely on confirmed facts and evidence.
Interestingly, the altercation at the forum may have prompted some observers to ask whether Manjeet’s “lecture” directed at Shafee was linked to the latter’s earlier sarcastic jab at the current Bar president Karen Cheah that she should “return to law school”; it was as if the ex-Bar president was now turning the tables on Shafee. Well, maybe, like what some may say, karma does have a way of catching up with us!
Incidentally, last December FMT had reported that Shafee had also failed to secure a spot on the Bar Council after a group of younger activist lawyers beat him to it by taking most of the top 16 places in the council election where he had come in the 22nd position out of 39 candidates.
In fact, what many may not even be aware of is that, back in 2014, when Shafee became the government-appointed lead prosecutor in Anwar Ibrahim’s sodomy case appeal, the angry opposition leader had lambasted the ex-Umno lawyer; strangely, he had also told Shafee to “go back to law school!” (Read here)
Main Information Source: FMT and NST
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