KUALA LUMPUR: There must be immediate intervention by Malaysian authorities over fugitive financier Low Taek Jho’s (pic) attempt to secure a US presidential pardon, say legal experts.
While a pardon would not grant Low international immunity, they expressed concern that a US pardon could complicate extradition and asset recovery efforts.
Lawyer Mohamed Haniff Khatri Abdulla urged Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, Attorney General Datuk Mohd Dusuki Mokhtar and Inspector-General of Police Datuk Seri Mohd Khalid Ismail to take immediate action.
“We must obtain a copy of the application so we know exactly what it entails and requires the US authorities to allow Malaysia to present its case before the pardon decision is made by the US president,” he said.
He added that the authorities here should not remain silent on the issue.
Haniff Khatri acknowledged that a US presidential pardon would not absolve Low of any crimes in Malaysia.
“Legally speaking, any pardon granted by another country, whether the US or England, will not apply to Malaysian charges or arrest warrants,” he said.
However, Haniff Khatri said problems could arise depending on the nature of the pardon.
“If there is a specific pardon instructing that no action be taken against Jho Low in the US, that is fine,” he said.
“But if there is a pardon directing US authorities not to cooperate with foreign authorities on matters such as extradition, then that would be a problem.”
Lawyer Andrew Khoo said that although a US pardon would not provide Low with international immunity, it could come with certain conditions.
“A grant of immunity by the US government may not preclude the US government from continuing to work with foreign governments and overseas law enforcement agencies to trace and recover ill-gotten assets located both in the US and elsewhere,” he said.
Khoo added that the pardon could also require Low to cooperate with the US government and foreign authorities by providing information on the location of assets.
On Low’s motive for seeking the pardon, Khoo said it could be an attempt to end further investigations against him by US authorities.
Low, who is also known as Jho Low, is reportedly seeking a pardon from Donald Trump.
He has been accused by the United States of masterminding one of the largest financial frauds in history linked to 1Malaysia Development Bhd.
Low, who was charged in 2018 but has evaded arrest, submitted a pardon application to the US Department of Justice (DOJ) this year, according to the DOJ website.
Jho Low has adamantly denied the allegations against him and has been on the run since.
