The Court of Appeal is set to determine whether the Malaysian Bar can challenge the Pardons Board’s royal advice to discount ex-premier Najib Abdul Razak’s jail sentence and fine.
The legal profession body is seeking leave to mount a judicial review targeting the advice to the Yang di-Pertuan Agong to cut Najib’s 12-year jail term and RM210 million fine to six years and RM50 million.
When contacted, a member of the Attorney-General’s Chambers (AGC) confirmed that the Bar filed the appeal in November last year. The AGC is acting for the board.
Previously, the Kuala Lumpur High Court denied leave to the Bar, ruling that the Agong’s constitutional prerogative to grant a partial pardon to Najib cannot be questioned in court.
Najib was jailed and fined after being found guilty of abuse of power, criminal breach of trust, and money laundering involving RM42 million in the SRC International case.
On Jan 29 last year, the board issued the royal advice for the sentencing discount.
A few months later in April, the Bar filed a civil action to strike down the board’s advice to the king on the grounds that it allegedly violated an individual’s fundamental right to equality before the law.
The legal profession body claimed this was an infringement of the right under Article 8 of the Federal Constitution as it gives Najib special treatment that is not normally accorded to the other 70,000 convicted prisoners in 30 prisons in Malaysia. – Malaysiakini