Najib can apply for royal pardon; needs to serve jail time first, say lawyers

KUALA LUMPUR: Datuk Seri Najib Tun Razak can apply for a royal pardon, but must serve jail terms for a certain period of time first, says legal practitioners.

According to lawyer Mohamed Haniff Khatri Abdulla, the pardon process would take time because it was subject to the discretion of the Yang di-Pertuan Agong.

"All individuals found guilty and sentenced are entitled to seek a royal pardon under Article 42 (1) of the Federal Constitution.

"However, they have to go through a prison sentence first for a certain period, then the Pardons Board, in regular meetings, will ask for reports from the prison to be prepared and advised to His Majesty, including a written report from the Attorney General before the pardon is granted,” he said on Wednesday (Aug 24).

Mohamed Haniff Khatri said Najib needs to file the application within 14 days starting from the date of the final appeal decision, to ensure that he would not be disqualified as Pekan MP.

He said Article 48 of the Federal Constitution states that MPs and assemblymen will automatically be disqualified when they are sentenced to 12 months imprisonment or more, or fined not less than RM2,000.

"If Najib is still interested in holding the Pekan seat, it is his responsibility to file or apply for a royal pardon within 14 days,” said Mohamed Haniff.

However, the lawyer said Najib also faced several other cases in court, including 1Malaysia Development Berhad (1MDB), the amendment of the 1MDB audit report and the case related to the International Petroleum Investment Company (IPIC), which made it difficult for him to obtain a pardon.

"It is unreasonable from a practical point of view to get clemency for the SRC case, when he still has other cases in court, and some are still at the trial stage,” he said.

Sharing a similar view is lawyer Fahmi Abd Moin, who said that the former prime minister could seek a pardon through the Pardons Board.

"An application to obtain a pardon can be filed by Najib through a family member, his lawyer or his (Najib's) representative, but it needs to comply with certain conditions under Article 42 (1) of the Federal Constitution.

"However, this pardon is not granted automatically because he (Najib) has to serve a prison sentence for a certain period of time first,” said the lawyer, adding that the next process was for the King to seek advice of all members of the Pardons Board before making a decision.

Another lawyer, Datuk Geethan Ram Vincent, said that Najib can seek a royal pardon, but he needs to still face other cases such as 1MDB and the audit report's trial. - Bernama