Call to enact minimum ‘waiting period’ for a pardon

PETALING JAYA: There must be a minimum “waiting period” before individuals can apply for a pardon, says the Center to Combat Corruption and Cronyism (C4) following objections to the Pardons Board’s decision on Datuk Seri Najib Razak.

“Introduce minimum criteria for eligibility to apply for pardons and a fair and transparent procedure for the processing of pardon applications,” C4 said in a statement yesterday.

It gave Canada as an example, which stipulates a minimum “waiting period” to be eligible to apply and which requires evidence of substantial injustice or undue hardship arising from the nature of the sentence or conviction.

These were among C4’s suggestions in the wake of the decision by the Pardons Board on Feb 2 to reduce Najib’s prison sentence for corruption from 12 years to six and his fine from RM210mil to RM50mil.

The graft watchdog described the board’s decision as a “watershed moment” for the nation, which should look at reforming the pardon process.

“Suitable limits should be introduced in order to uphold justice and fairness for all, such as mandatory minimum periods for serving one’s prison sentence before a pardon application may be considered,” it added.

“Pardons should not be granted to individuals who still have other criminal cases pending in the courts.”

Although the power to grant a pardon is constitutionally accorded to the Ruler or governor of each state and the Yang di-Pertuan Agong, and is not contestable in court, C4 said the public should be allowed to have open discussions on this topic.

C4 said the board’s decision on Najib carried certain ramifications for the unity government and the nation.

It also said the decision could dent foreign investors’ confidence in the country.

C4 urged Prime Minister Datuk Seri Anwar Ibrahim to undo the negative impact of the decision, particularly in the fight against corruption.

“It is now incumbent upon Anwar and his ministers to work even harder to reverse the growing trust deficit in his leadership.”