KUALA LUMPUR: The High Court's dismissal of Datuk Seri Najib Razak's house arrest bid has taken away "the fullest prerogative of mercy" from the Yang di-Pertuan Agong and the Malay Rulers, says Tan Sri Muhammad Shafee Abdullah.
"The powers of the Yang di-Pertuan Agong have been diluted (by this decision).
"It means the King cannot decide to pardon (someone) unless he is sitting with the Pardons Board," Najib's lead counsel told a press conference in the court lobby on Monday (Dec 22).
"(The Rulers) are only obligated to discuss the pardon with the board. They need not decide at the board meeting.
"Today's decision, however, suggests that every decision must be made in the Pardons Board (meeting)," he added.
Shafee claimed that Justice Alice Loke's decision to dismiss the application involved "several critical issues which we think were not analysed properly".
"Because of that, there will be a floodgate effect. We had a series of cases where the court said that the decision by the king regarding pardons cannot be challenged.
"It is a power of mercy that is unchallengeable," he said.
Shafee claimed that Monday's decision had opened the door for politicians to interfere in a Pardons Board decision.
It also implied that only the director-general of Prisons can give the order for home imprisonment, he said, adding: "It is like turning logic upside down."
"We will argue all this in the appeal. Of course, Najib is very disappointed.
"The addendum order was given in 2024 and it's going to be two years. This is the order of the Yang di-Pertuan Agong and you have delayed it for two years.
"There are other requirements for parole but we are not disclosing them for now. Najib has discussed them but has not given instructions," Shafee said.
Earlier on Monday, Justice Loke dismissed Najib's judicial review on the grounds that the addendum order did not comply with Article 42 of the Federal Constitution, and consequently became invalid.
"Conversely, the applicant has no right to the relief of mandamus. The judicial review is therefore dismissed," Justice Loke said.
Former prime minister Najib is currently serving a six-year jail sentence for abuse of power, criminal breach of trust and money laundering involving RM42mil siphoned from SRC International, a former 1MDB subsidiary.
He had asked the court to verify whether or not an alleged addendum order - supposedly issued by former Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah and granting him house arrest - is genuine.
On Feb 2 last year, the Pardons Board reduced Najib’s original 12-year jail term and RM210mil fine to six years’ imprisonment and a RM50mil fine.
