Lawyer: Seeking royal pardon not an admission of guilt

PETALING JAYA: It is a misconception that those seeking a royal pardon are admitting guilt, says senior criminal lawyer Datuk Jagjit Singh.

Commenting on the royal pardon being sought for Datuk Seri Anwar Ibrahim, Jajgit said many accused maintained their innocence during their trial, appeal and subsequent conviction.

“In their petition to His Majesty, they can plead being wrongly convicted or state they have been convicted and are seeking clemency or a reduced sentence,” said Jagjit, who has handled at least 30 such petitions in his almost five-decade-long legal career.

On Wednesday, Bernama quoted Universiti Teknologi Malaysia geostrategist Prof Dr Azmi Hassan as saying that the petition for Anwar’s royal pardon was indirectly an admission of guilt.

The petition on Tuesday was made by Anwar’s wife, PKR president Datuk Seri Dr Wan Azizah Wan Ismail, and daughter Nurul Izzah Anwar, who is party vice-president.

Jagjit said that although the law was silent on the issue, it was his legal opinion that the petition for royal pardon should have been made and signed by Anwar.

“The person aggrieved by the court’s decision should make the application, otherwise there’s no weight to the petition,” he said.

He also said that contrary to press reports, a petition for royal pardon could be made any time.

“The 14-day deadline (that was) reported is in reference to when the Election Commission would declare Anwar’s Permatang Pauh seat vacant and not for the royal pardon petition.”

Jagjit, who represented former Youth and Sports Minister Datuk Mokhtar Hashim, who was pardoned for the 1982 murder of Gemencheh assemblyman Datuk Mohd Taha Talib, said very few pardons were granted.

He said only 10% of his clients who petitioned for a pardon got it.

Among his clients whose petition was rejected was notorious gangster Botak Chin or Wong Swee Chin, who was sent to the gallows on June 11, 1981.

Other notable cases included a 14-year-old Chinese youth who was sentenced to death under the Internal Security Act for firearms possession but was pardoned in 1977.

Former Selangor Mentri Besar Datuk Seri Harun Idris, who was convicted for corruption, was pardoned in 1982.

New Zealanders Lorraine Cohen (sentenced to death) and her son Aaron (life imprisonment) received royal pardons and were freed in 1996 after spending 11 years in prison for heroin trafficking.

The Prime Minister’s Department Legal Affairs Division declined to provide the number of royal pardons granted or number of petitions received annually.

“The information is an official secret,” a spokesman said.