PETALING JAYA: The granting of a pardon is a separate and legitimate constitutional power, says MCA president Datuk Seri Dr Wee Ka Siong, stressing that recognising this fact is also part of upholding the rule of law.
He said Pakatan Harapan's insistence that those convicted of graft serve their full court-imposed sentences ignores the pardon, parole and remission powers provided for under the law and the Federal Constitution.
He said the position taken by the Pakatan secretariat council did not reflect the full framework of the country's laws.
"The courts determine whether a person is guilty and impose a sentence.
"The executive administers sentences in accordance with the law, including through remission and parole.
"At the same time, Article 42 of the Federal Constitution provides the power to grant pardons, reprieves and remissions of sentences to the Yang di-Pertuan Agong or the Rulers and Yang di-Pertua Negeri, according to their respective jurisdictions," he said in a statement on Thursday (Sept 10).
Dr Wee said parole was, likewise, a lawful mechanism, citing the example of former Sabah minister Datuk Peter Anthony, who started serving a three-year sentence in March last year and was released on parole about a year later under a Home Ministry mechanism.
He said there was no major objection from Pakatan at the time for Anthony, who he said was seen as being inclined towards the coalition, to serve out the full term.
"If all court sentences must be served 100% without any possibility of reduction, release or pardon, then why have the systems of remission and parole, the Pardons Board and Article 42 of the Federal Constitution been established?" he asked.
"The same principle must be applied consistently.
"The rule of law does not mean that we respect only court decisions while setting aside other mechanisms that are also provided for under the law and the Constitution.
"If we truly want to defend the country's institutions, we must respect all of them – the judiciary, the laws implemented by the executive, as well as the power of pardon vested in the Rulers.
"Principles cannot change simply because the individual's name is different," he said.
The Pakatan secretariat council issued a statement on Wednesday (Sept 9) without naming any individual or case, amid reports that the Federal Territories Pardons Board is due to meet this week to consider a clemency bid by jailed former prime minister Datuk Seri Najib Razak.
Najib, 72, was convicted of misappropriating RM42mil belonging to SRC International and sentenced to 12 years in prison, along with a RM210mil fine.
He began serving his sentence at Kajang Prison on Aug 23, 2022.
The Pardons Board subsequently halved his prison term to six years and reduced the fine to RM50mil.
On Dec 22 last year, High Court judge Justice Alice Loke Yee Ching dismissed Najib's application to serve the remainder of his reduced sentence under house arrest.
Najib later withdrew his appeal against the decision.
