Bar seeks judicial review to quash Najib’s pardon in SRC case
Published on: Tuesday, April 30, 2024
By:
FMT, V Anbalagan
Former prime minister Najib Razak’s prison sentence was reduced by the Federal Territories Pardons Board from 12 years to six, and his fine from RM210 million to RM50 million. (Bernama pic)
Kuala Lumpur: The Malaysian Bar has filed for judicial review to challenge the decision of the Federal Territories Pardons Board (FTPB) to halve former prime minister Najib Razak’s jail sentence and reduce the fine in his SRC International corruption conviction.
In the application filed by solicitors Messrs Amir & Rajpal Ghai in the High Court last Friday, the Bar, which represents 22,000 lawyers practising in Peninsular Malaysia, sought a declaration that the board’s collective decision was unlawful, unconstitutional and void.
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It also requested an order of certiorari against the board to quash the FTPB’s decision.
The board and Najib are named as respondents to the application.
The Bar also wants a permanent injunction restraining Najib or his agents from submitting any application for pardon, reprieve or respite to the board until all criminal charges against him have been exhausted.
The Bar said the injunction should remain in force until Najib has publicly accepted responsibility and expressed remorse for his actions.
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Bar Council secretary Murshidah Mustafa filed an affidavit in support of the application.
She said the preferential treatment accorded for Najib’s pardon application violated the principle of equality under Article 8 of the Federal Constitution and was irrational under administrative law.
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The application was filed in response to a motion passed by members with an “overwhelming majority” at the Bar’s annual general meeting on March 16.
Former Bar president Zainur Zakaria, together with another ex-president, Yeoh Yang Poh, will act as counsel for the Bar.
When contacted by FMT, Zainur said an application to obtain leave of court had been fixed on July 2.
On Feb 2, the board announced that Najib’s prison sentence had been reduced from 12 years to six and his fine from RM210 million to RM50 million.
Najib, 70, is currently serving his sentence at Kajang prison and is to be released on Aug 23, 2028.
The FTPB is headed by the king and consists of five members – the attorney-general, federal territories minister and a maximum of three others appointed by the king.
Najib, who has three other criminal cases which are ongoing, began his initial 12-year prison term on Aug 23, 2022 following the Federal Court’s dismissal of his final appeal.
Early this month, he applied to the High Court to compel the government to produce a purported addendum from the former Yang di-Pertuan Agong allowing him to serve his sentence under house arrest.
Justice Amarjeet Singh will deliver his decision on June 5 as to whether Najib will be given leave for the merits of his case to be heard.
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