KUALA LUMPUR (April 30): The Malaysian Bar has filed a judicial review application last Friday (April 26) to have the decision by the Federal Territories Pardons Board on Datuk Seri Najib Razak's SRC International graft conviction be declared unconstitutional, void, and unlawful.
On Jan 29, the Pardons Board halved Najib's jail sentence from 12 years to six years, and reduced his RM210 million fine to only RM50 million. The decision was announced publicly on Feb 2.
The Bar, which filed the leave application at the High Court through Messrs Amir and Rajpal Ghai, named the board and Najib as respondents. It is also seeking an injunction to restrain the former prime minister from submitting any effort to obtain a pardon until the conclusion of all cases against him and until Najib publicly accepts responsibility for his actions and conviction, and expresses repentance and remorse for his actions.
The leave application was made with an affidavit supported by Malaysian Bar secretary Murshidah Mustafa. The hearing for the application for leave (permission) is fixed before judge Datuk Ahmad Kamal Md Shahid on July 2.
In judicial reviews, a petitioner has to apply for and obtain leave, or permission, from the court before the merits of the judicial review application are heard.
In the affidavit, Murshidah said the Bar upholds the cause of justice without fear or favour.
She noted that Najib still has three on-going cases besides the concluded SRC International Sdn Bhd case; namely, 25 charges in relation to the 1Malaysia Development Bhd Tanore trial (1MDB-Tanore), six counts of criminal breach of trust in the International Petroleum Investment Company (IPIC), and the second SRC money laundering case involving RM27 million.
Besides the criminal charges, Murshidah said Najib is also facing civil suits from 1MDB and SRC following the suits that were filed in May 2021 and these are still ongoing.
The Bar secretary said the pardons board had given no reasons for the reduction in Najib's sentence.
“The decision by the board constitutes a betrayal of the nation’s faith and trust in the investigating, prosecuting, and judicial authorities with regards to their efforts to bring to justice a figure who corruptly abused his position of high office.”
“The Pardons Board’s decision has also brought disrepute to Malaysia and damaged investors’ confidence at the world stage,” she said, quoting reports from The New York Times dated Feb 2 titled ‘Malaysia reduces sentence of Najib Razak, disgraced ex PM’ and the journal Foreign Policy dated Feb 7 titled ‘Malaysia is getting back to politics as usual with Najib's pardon’.
Decision by board is irrational where other countries brought criminal proceedings
Murshidah added that while Singapore, the US, and Switzerland had brought criminal proceedings against those responsible in the 1MDB scandal, here in Malaysia, the decision by the board to halve the conviction sentence defied reason and was beyond belief.
“The irrationality of the board’s decision mocks both the concluded and ongoing prosecutions of Najib and Malaysians’ legitimate expectations of transparency, accountability, and justice,” she said.
“The board’s decision not only brings to nought foreign and local efforts to prosecute and imprison those responsible in the largest kleptocracy in history, makes a mockery of them and a case which the Court of Appeal had described as a ‘national embarrassment'. The same can be said of the board’s decision.”
Murshidah said Najib has continuously maintained his innocence, refused to take responsibility for the crimes, and instead alleged that his prosecution was political persecution.
“Najib has never repented or expressed remorse. In fact, in Najib’s legal challenge against the board, where he wants a mandamus to serve the remainder of his jail sentence at home, the primary reason given is that he had not been given a fair trial or fair appeals,” she said, adding that the Bar views and takes a position that he is ineligible for pardon and his bid is irregular.
She added that there are over 70,000 prisoners across Malaysia and thousands of pardon applications based on a fair, equal and logical sequence, and claimed that Najib’s application ran contrary to this.
“Indications are that the Jan 29 sitting was a sitting accorded to Najib with special opportunity and special treatment over other prisoner applications,” Murshidah said, adding that in granting the pardon, the board had allowed the former prime minister to challenge the outcome of the judicial process and it was not based on clemency as he did not express remorse or responsibility.
Following this, Murshidah believes the decision of the board could be subject to review due to the circumstances stated.
Prior to this, the Malaysian Bar had, during its AGM in March, passed a resolution by former president Zainur Zakaria for it to challenge Najib’s pardon.
On August 23, 2022, the Federal Court affirmed the decision of the Court of Appeal and the High Court with regards to charges against Najib of abuse of power, money laundering, and criminal breach of trust of SRC International Sdn Bhd funds.
The Federal Court also dismissed Najib’s review bid on March 30, 2023, with a 7-1 majority.
With regards his pardon, Najib himself has filed a separate bid against the board and government, as the former Pekan Member of Parliament wants to be placed under house arrest as ordered by an alleged addendum to the Jan 29 document that allowed the supplementary order.
This follows Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi having filed an affidavit in support, citing that the addendum order had been shown to him by the International Trade and Industry minister.
Najib’s application for leave will be decided on June 5 by the High Court. The Bar had initially applied to intervene in Najib’s application, but Judge Datuk Amarjeet Singh Serjit Singh would only let them in should leave be granted.