Lawyer: Composition of Pardons Board can change

PUTRAJAYA: A Pardons Board can consist of the Yang di-Pertuan Agong, the Minister responsible for Federal Territories, three other members appointed by the King as well as the Attorney-General, says Constitutional lawyer New Sin Yew.

“The Minister responsible for Federal Territories is yet to be appointed but the Prime Minister can assume the role for the time being.

“And since the Attorney-General is on leave, the Solicitor-General will step in and exercise his (or her) functions and duties,” he said when commenting on the composition of a Pardons Board which will meet to discuss the decision on the pardon for Datuk Seri Anwar Ibrahim.

“The Solicitor-General would have to render a written opinion of whether to pardon Anwar, which the Pardons Board has to consider,” said New.

He added that the Board will discuss and make a recommendation to the Yang di-Pertuan Agong, and the King may then exercise his prerogative on whether to pardon Anwar.

Another constitutional expert Associate Professor Dr Shamrahayu Abdul Aziz said the powers extended in a royal pardon are clearly outlined in the Federal Constitution and the state constitution of each state along with the powers of the royal institutions.

“In our country, the royal pardon has been outlined in Article 42(1) of the Federal Constitution that provided such powers to the King.

“The Yang di-Pertuan Agong has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

“The Ruler of a state has the power to grant pardons, reprieves, and respites of all other offences committed in his state,” she said.

Dr Shamrahayu said the word “pardon” under Article 42 of the Federal Constitution does not only refer to the removal of all legal punishment, but also to postpone punishment, remove disqualifications, and provide a lighter punishment.

Although originally the powers to grant a royal pardon was based on the King’s discretionary powers, she said Article 42 (4) (a) provides that it must be in line with the advice of the Parole Board.

Anwar’s lawyer R. Sivarasa said he is confident that the former deputy prime minister will be released once the Pardons Board meets today.

“It is going to happen tomorrow (today),” he said.