PUTRAJAYA: A lawyer challenging the legality of the royal pardon granted to Prime Minister Datuk Seri Anwar Ibrahim has failed in his bid to pursue an appeal.
A three-judge panel of the Federal Court, chaired by Chief Justice Tengku Maimun Tuan Mat, dismissed the applications for leave to appeal by Mohd Khairul Azam Abdul Aziz here yesterday.
Other judges on the Bench were Justices P. Nallini and Vernon Ong Lam Kiat.
In the unanimous decision, the Chief Justice said the matter has been rendered academic.
She said the Court of Appeal has made a finding of fact that the Pardons Board was properly constituted.
The panel agreed that the applicant’s proposed questions for leave did not meet the threshold under Section 96(a) or Section 96(b) of the Courts of Judicature Act 1964.
“We concur that the first set of questions relate to the findings of fact and this does not meet the threshold,” the top judge said.
On the advice of the Pardons Board to the Yang di-Pertuan Agong, the court found that there was no basis to suggest any misrepresentation in the advice offered.
On the issue of conviction, the court found that the pardon document made no reference that the conviction was set aside.
“There is no question of the court’s power being usurped,” the top judge said. The court did not make an order as to costs.
Earlier, the panel heard submissions from lawyer J. Leela who appeared for Anwar, lawyer Mohamed Haniff Khatri Abdulla for Mohd Khairul and Senior Federal Counsel Suzana Atan for the Pardons Board.
Mohd Khairul filed his lawsuit on Feb 26, 2020, to challenge Anwar’s royal pardon relating to the Tambun MP’s sodomy conviction involving Mohd Saiful Bukhari Azlan.
He named the Pardons Board and Anwar as the first and second defendants, respectively.
He claimed that there were illegal and unconstitutional moves to ensure that Anwar was pardoned and released from his sentence after a new government was formed after the 14th General Election, enabling Anwar to contest in a by-election and elected as the Port Dickson MP.
Mohd Khairul questioned the legality of the Pardons Board that convened and sought a declaration that the pardon bestowed was illegal and invalid from the beginning.
On Sept 21, 2020, a High Court dismissed Anwar and the Pardons Board’s striking out application on the lawsuit.
In his dismissal, High Court judge Justice Akhtar Tahir ruled that there were triable issues that needed to be heard in full and found that Mohd Khairul had locus standi in the case as a member of the public.
Anwar and the board then appealed the decision and on Sept 21, 2021, the Court of Appeal allowed their appeals against the High Court’s decision.
The Court of Appeal said Mohd Khairul had no right to question the clemency or the advice given by the Pardons Board to the Yang-di Pertuan Agong on the granting of the pardon.
In yesterday’s proceedings, Mohd Khairul was applying for leave to appeal against the appellate court’s decision.
