KUALA LUMPUR: The Malaysian Bar says the High Court erred in refusing to grant it leave to initiate judicial review against the Federal Territories Pardons Board's decision reducing Datuk Seri Najib Razak's jail term and fine in the SRC International Sdn Bhd case.
It stated this in its memorandum of appeal filed through Messrs Amir & Rajpal Ghai last month.
It claimed Justice Ahmad Kamal Md Shahid made the error when he dismissed its leave application solely on the grounds that it was not justiciable.
It further said that the leave application named several novel issues that the court should investigate and determine.
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“The judge erred in summarily dismissing the applicant’s (Bar) contentions that Article 40 (1A) introduced into the Federal Constitution on June 24, 1994 has significantly changed the law,” it stated.
According to the Malaysian Bar, the constitutional function of the Yang di-Pertuan Agong to grant pardons and reprieves was previously regarded as a “royal prerogative” exercisable by the monarch at his discretion without having to accept the Pardons Board’s advice.
“The amendment now requires the King to ‘accept and act under’ the advice of the Pardons Board.
“The previously found element of personal discretion and prerogative has thus been removed,” it said.
On Nov 11, the High Court dismissed the Malaysian Bar's application for leave to initiate a judicial review of the Pardons Board decision.
Presiding judge Justice Ahmad Kamal (now a Court of Appeal judge) ruled that the application was non-justiciable and frivolous as the decisions of the Yang di-Pertuan Agong and the Pardons Board were part and parcel of one process that culminated with the granting of a pardon by the King.
The Malaysian Bar's leave application to commence the judicial review proceeding was filed on April 26 last year, naming the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, as well as Najib, as respondents.
It is seeking a declaration that the board's decision on Jan 29 last year to halve Najib's prison sentence, which would result in an early release on Aug 23, 2028, is illegal, unconstitutional and invalid.
It is also seeking a declaration that the board's decision to reduce Najib's fine from RM210mil to RM50mil, is illegal, unconstitutional and invalid.
Former prime minister Najib, 71, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42mil from SRC International Sdn Bhd.
He filed a petition for a royal pardon on Sept 2, 2022, which led to the Pardons Board's decision to reduce his prison sentence from 12 years to six years and his fine from RM210mil to RM50mil.
