KUALA LUMPUR: The Malaysian Bar has lost its bid to challenge the Pardon Board’s decision in reducing Datuk Seri Najib Razak's sentence in the SRC International Sdn Bhd case.
The Bar had applied for leave to initiate judicial review proceedings against the Pardons Board’s decision to reduce Najib's sentence.
Justice Ahmad Kamal Md Shahid, in his decision, said that the prerogative of mercy pursuant to Article 42 of the Federal Court was the direct exercise of the Yang di-Pertuan Agong's sole discretion and not the Federal Territories Board or power delegated to the FT Pardons Board.
"Hence, the reliefs sought to challenge the decision of the FT Pardons Board are by its nature and subject matter, not justiciable to judicial review," he said here on Monday (Nov 11).
In its argument, the Bar contended that it was not challenging the prerogative of the YDPA but instead its legal challenge was focused on the advice provided by the FT Pardons Board.
"In essence, the applicant is splitting the decision of the YDPA and the advice from the Pardons Board.
"I am of the considered view that the applicant's attempt to differentiate between challenging the advice of the Pardons Board and the actual decision of the YDPA is flawed, it is non- challengeable," Justice Ahmad Kamal said.
The judge cited several case law and said he found that if a matter was not
justiciable, the decision-making process leading to the non-justiciable matter should also be not justiciable.
"I am of the considered view that the decision of the YDPA and the advice of the FT Pardons Board are all part and parcel of one process that culminated with the granting of pardon by the YDPA, consequently not a matter that is suitable and appropriate to be reviewed before the court.
"This application for leave is ought to be dismissed with no order as to costs," he said.
Lawyer Datuk Zainur Zakaria, who appeared for the Bar, told the press that they would seek instructions from their client whether to appeal the decision.
Senior Federal Counsel Ahmad Hanir Hambaly appeared for the Attorney General.
Meanwhile, lawyers Muhammad Farhan Muhammad Shafee and Wan Mohammad Arfan Wan Othman appeared for Najib.
On April 26, the Bar filed the application for leave and named the FT Pardons Board and Najib as the first and second respondents, respectively.
According to court documents, the Bar is seeking declaration that the decision by the first respondent on Jan 29 regarding the application made by the second respondent was unlawful, unconstitutional and void.
The decision was to reduce Najib's imprisonment sentence by 50 per cent, whereby he would be granted an early release on Aug 23, 2028; and to reduce his RM210mil fine to RM50mil in default of a year in jail.
The Bar is seeking for a certiorari order against the first respondent to quash the decisions.
Najib, 70, is currently in Kajang Prison serving his sentence since Aug 23, 2022 after his conviction in the SRC International case.
