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Free Malaysia Today
5 days ago
- Politics
- Free Malaysia Today
King obligated to follow pardons board's advice, lawyer tells court
The Malaysian Bar took its case to the Court of Appeal, seeking to overturn a lower court's refusal to grant leave for a judicial review against the Federal Territories Pardons Board's decision in Najib Razak's SRC International case. PUTRAJAYA : The Yang di-Pertuan Agong is required to follow the advice of the Federal Territories Pardons Board (FTPB) following a 1994 constitutional amendment, the Court of Appeal heard today. Lawyer Yeo Yang Poh said there could only be one decision in the pardon process after Article 40(1A) was added to the Federal Constitution that year. The provision stipulates that the king 'shall accept and act in accordance with' advice in the exercise of his functions under the constitution or federal law. 'The FTPB now decides for the king, which is in line with a constitutional monarchy. 'The king does not make a second decision,' Yeo said in the Malaysian Bar's appeal to reverse the High Court's refusal to grant leave for a judicial review challenging the FTPB's decision in former prime minister Najib Razak's SRC International case. The appeal was heard by Justices Lim Chong Fong, Azhahari Kamal Ramli, and Leonard David Shim. On Feb 2, 2024, the FTPB announced that the former prime minister's prison sentence following his conviction in the SRC case had been reduced from 12 years to six, and his fine from RM210 million to RM50 million. Yeo, who appeared with Zainur Zakaria, Rajpal Singh Ghai, and Ahmad Amir Mahmood, said previously that the personal decision made by the king was held to be non-justiciable. 'After Article 40(1A), the king no longer has personal discretion, without which no prerogative exists,' he added. He said the king now exercised his constitutional power by accepting and implementing the FTPB's decision, and that the constitutional change elevated the monarch above the fray of any perceived political influence or personal preference. 'A decision made by a statutory body such as the FTPB is justiciable,' he said, adding that the Bar's leave application was far from frivolous. Yeo said the courts had consistently taken the position, following the 1985 case of Sim Kie Chon v Superintendent of Pudu Prison & Others, that the decision of a pardons board is not subject to legal challenge, as they were in the UK. In November last year, Justice Ahmad Kamal Shahid held that the king's decision and the FTPB's advice were part and parcel of a single process culminating in the pardon. Consequently, Ahmad Kamal, now a Court of Appeal judge, said that the subject matter of the Bar's proposed judicial review application was not suitable or appropriate to be reviewed by the court. The judge ruled that the prerogative of mercy, under Article 42 of the constitution, involved a direct exercise of the king's personal discretion. The Bar filed its application in the High Court on April 26, 2024, naming the FTPB and Najib as respondents. It sought declarations that the FTPB's Jan 29 decision halving Najib's prison sentence and reducing his fine was illegal, unconstitutional, and invalid. Najib was convicted of misappropriating RM42 million from SRC and has been serving his sentence in Kajang prison since Aug 23, 2022. He filed a petition for a royal pardon on Sept 2, 2022. Senior federal counsel Ahmad Hanir Hambaly appeared for the FTPB, while Shafee Abdullah represented Najib. The hearing has been adjourned to a date to be fixed after case management on Aug 18.
Daily Express
5 days ago
- Politics
- Daily Express
King must follow pardons board's advice, lawyer tells court
Published on: Thursday, August 14, 2025 Published on: Thu, Aug 14, 2025 By: V Anbalagan, FMT Text Size: The Malaysian Bar took its case to the Court of Appeal, seeking to overturn a lower court's refusal to grant leave for a judicial review against the Federal Territories Pardons Board's decision in Najib Razak's SRC International case. PUTRAJAYA: The Yang di-Pertuan Agong is required to follow the advice of the Federal Territories Pardons Board (FTPB) following a 1994 constitutional amendment, the Court of Appeal heard today. Lawyer Yeo Yang Poh said there could only be one decision in the pardon process after Article 40(1A) was added to the Federal Constitution that year. The provision stipulates that the king 'shall accept and act in accordance with' advice in the exercise of his functions under the constitution or federal law. 'The FTPB now decides for the king, which is in line with a constitutional monarchy. 'The king does not make a second decision,' Yeo said in the Malaysian Bar's appeal to reverse the High Court's refusal to grant leave for a judicial review challenging the FTPB's decision in former prime minister Najib Razak's SRC International case. The appeal was heard by Justices Lim Chong Fong, Azhahari Kamal Ramli, and Leonard David Shim. On Feb 2, 2024, the FTPB announced that the former prime minister's prison sentence following his conviction in the SRC case had been reduced from 12 years to six, and his fine from RM210 million to RM50 million. Yeo, who appeared with Zainur Zakaria, Rajpal Singh Ghai, and Ahmad Amir Mahmood, said previously that the personal decision made by the king was held to be non-justiciable. 'After Article 40(1A), the king no longer has personal discretion, without which no prerogative exists,' he added. He said the king now exercised his constitutional power by accepting and implementing the FTPB's decision, and that the constitutional change elevated the monarch above the fray of any perceived political influence or personal preference. 'A decision made by a statutory body such as the FTPB is justiciable,' he said, adding that the Bar's leave application was far from frivolous. Yeo said the courts had consistently taken the position, following the 1985 case of Sim Kie Chon v Superintendent of Pudu Prison & Others, that the decision of a pardons board is not subject to legal challenge, as they were in the UK. In November last year, Justice Ahmad Kamal Shahid held that the king's decision and the FTPB's advice were part and parcel of a single process culminating in the pardon. Consequently, Ahmad Kamal, now a Court of Appeal judge, said that the subject matter of the Bar's proposed judicial review application was not suitable or appropriate to be reviewed by the court. The judge ruled that the prerogative of mercy, under Article 42 of the constitution, involved a direct exercise of the king's personal discretion. The Bar filed its application in the High Court on April 26, 2024, naming the FTPB and Najib as respondents. It sought declarations that the FTPB's Jan 29 decision halving Najib's prison sentence and reducing his fine was illegal, unconstitutional, and invalid. Najib was convicted of misappropriating RM42 million from SRC and has been serving his sentence in Kajang prison since Aug 23, 2022. He filed a petition for a royal pardon on Sept 2, 2022. Senior federal counsel Ahmad Hanir Hambaly appeared for the FTPB, while Shafee Abdullah represented Najib. The hearing has been adjourned to a date to be fixed after case management on Aug 18. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
New Straits Times
03-06-2025
- General
- New Straits Times
Dr M was present at meeting that granted Anwar's pardon - A-GC
KUALA LUMPUR: The Attorney-General's Chambers (A-GC) has reminded Tun Dr Mahathir Mohamad that he was present at the Federal Territories Pardons Board (FTPB) meeting which decided to grant Datuk Seri Anwar Ibrahim a royal pardon in 2018. In a statement today, the A-GC said the 51st meeting of the FTPB was convened at Istana Negara on May 16, 2018, and was chaired by the then Yang di-Pertuan Agong (YDPA) Sultan Muhammad V. "Among those present was Dr Mahathir, who was the prime minister at the time," it said. The reminder comes following a viral video in which Dr Mahathir claimed that the royal pardon granted to Anwar was invalid as it had not gone through the proper FTPB process. The A-GC stressed that the board had, in fact, met and deliberated on the matter, and that the then YDPA had consented to Anwar's immediate release based on the board's advice. It also said the attorney-general had provided a written legal opinion in line with Clause 9, Article 42 of the Federal Constitution for the board's consideration. The A-GC said it views the matter seriously, as it touches on constitutional and institutional integrity.
Free Malaysia Today
15-05-2025
- Politics
- Free Malaysia Today
‘Damned if I do, damned if I don't', says Anwar on Najib's pardon bid
Prime Minister Anwar Ibrahim questioned the obsession with Najib Razak displayed by the 'so-called progressive critics', saying there are many other corruption cases that need to be investigated. PETALING JAYA : Prime Minister Anwar Ibrahim has again defended his decision to present Najib Razak's pardon application to the Federal Territories Pardons Board (FTPB), saying he would be criticised regardless. Anwar reiterated that he cannot show prejudice to anyone as the prime minister, and that it was every convict's right to apply for a pardon. The decision on the application is then up to the pardons board, he said in an interview with Qatar-based news network Al Jazeera. Acknowledging that some of his critics had claimed this was politically driven, Anwar said: 'I am damned if I do, and damned if I don't. 'So, finally, you do the right thing. What's the right thing to do? (To honour) the right given to every single convict in the federal territories to submit a request (for a pardon). 'Was I a member of the FTPB? No. Was my view solicited? No. Did I offer my advice in terms of the legal complications? Yes, but that was it. 'The perception is therefore that, under Anwar, Najib's sentence was halved, but that's not true.' In February 2024, the FTPB announced that Najib's prison sentence in his SRC International case had been halved from 12 years to six, and his fine reduced from RM210 million to RM50 million. Najib is currently serving his jail sentence at Kajang prison. Anwar questioned the 'obsession' with Najib and his reduced jail term displayed by the 'so-called progressive critics', saying there were many other corruption cases that needed to be investigated. While he declined to elaborate on these cases since 'investigations are ongoing', he said the nation and his administration should not be bogged down by an obsession with Najib. 'The due process continues, but the issue is why this obsession with this man who is in prison? For God's sake, he's in prison. 'I think it's a blatant, nasty trick by some of these crooks who continue to highlight Najib over and over again so that their case is ignored. 'Let (the unity government) run this country and restore proper governance, rule of law, judicial independence; let us run this country and not be bogged down by one obsession.'
