Lawyer Insists on Proper Handling of Pardon Documents, Avoids Breach of Secrecy Laws

25 Feb 2024 • 8:00 PM MYT
[X] Zulaikha Farhana
[X] Zulaikha Farhana

A versatile freelancer, blogger, and content writer

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Renowned lawyer Tan Sri Muhammad Shafee Abdullah clarified that he did not violate any secrecy laws by revealing documents from the Federal Territories Pardons Board’s meeting. He explained that he only displayed the cover letter of the document, not its contents, as he did not have ex-prime minister Datuk Seri Najib Razak’s permission to do so. Shafee emphasized that he was aware of the sensitivity of the matter, especially regarding the attorney general's opinion, which is considered an official secret. He stressed that as Najib's lawyer, he should be informed about the decision of the board and that his primary concern is his client's rights in legal proceedings. Shafee also clarified his previous remarks, stating that he did not intend to suggest Prime Minister Datuk Seri Anwar Ibrahim’s involvement in the pardon process. The Pardons Board ultimately reduced Najib’s sentence from 12 years to six years for misappropriating RM42 million, potentially leading to his early release on August 23, 2028.

Shafee’s comments came during a forum titled “Justice and Mercy: A Forum on Reforms to the Pardons Board in Malaysia,” where he addressed concerns regarding the handling of confidential documents. He highlighted the need for caution, noting that modern cameras can easily capture and zoom in on sensitive information.

During the forum, Shafee responded to questions from Malaysian Bar secretary Anand Raj about his possession of the pardon letter. He acknowledged that discussions within the Pardons Board, especially the attorney general's opinion, are considered official secrets. However, he maintained that as Najib's legal representative, he should be privy to such information.

Shafee also took the opportunity to clarify statements he had made at a press conference regarding the Agong's contemplation of a full pardon for Najib. He emphasized that he did not intend to imply any interference by Prime Minister Anwar Ibrahim in the pardon process.

The Federal Territories Pardons Board had decided on February 2 to reduce Najib's sentence from 12 years to six years for his involvement in the misappropriation of RM42 million. This decision could potentially lead to Najib's early release on August 23, 2028.

Shafee's insistence on proper handling of confidential documents underscores the importance of respecting legal procedures and upholding the confidentiality of official proceedings.

Shafee’s stance on the matter reflects his commitment to ensuring that legal processes are conducted with integrity and in accordance with the law. His emphasis on the rights of his client, Najib Razak, highlights the fundamental principle of legal representation.

The issue also raises broader questions about transparency and accountability within the Malaysian legal system. The need to balance the protection of official secrets with the public's right to information is a delicate one, requiring careful consideration.

Moving forward, there may be calls for clearer guidelines on the handling of sensitive documents by legal practitioners and the media. Ensuring that such documents are treated with the utmost care and respect for confidentiality is essential in upholding the integrity of legal processes.

As Najib Razak's case continues to unfold, it serves as a reminder of the complexities involved in legal matters and the importance of adhering to established procedures and principles.


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