Not wrong to apply for pardon, review simultaneously - lawyers
It is not wrong for former prime minister Najib Abdul Razak to apply for the Federal Court to review its decision in the RM42 million SRC International Sdn Bhd corruption case right after seeking a royal pardon.
Lawyer S Selvam said this is because a royal pardon and a review of the Aug 16 decision by the Federal Court are two separate matters that fall under different jurisdictions.
"I don't see any conflict (in applying for royal pardon and a review simultaneously). Najib can do so and I think they (his legal team) are right in what they are doing.
"The pardon process with the king is a separate matter and function. The sentencing and execution are already there so the king can intervene.
"A pardon is basically pleading to the Yang di-Pertuan Agong and it doesn't fall under the Federal Court’s jurisdiction," he told Malaysiakini.
Lawyer S SelvamThe prosecution, he said, cannot use the royal pardon as a ground in the submission process during the leave application for the apex court review.
‘Pardon not confined to legal grounds’
Lawyer New Sin Yew concurred, saying that a royal pardon and apex court review are not mutually exclusive.
"It is a separate process altogether. When you apply for a royal pardon, you are not strictly confined to the legal grounds. It can be mercy, it can be for things that wouldn't otherwise be admissible in court, so there is no strict rule in the pardon petition.
"It is not governed by any law, so the pardon cannot be used against you in an (apex court) review process," he added.
Lawyer New Sin YewIn a statement yesterday, Iskandar Puteri MP Lim Kit Siang questioned if Najib can seek a review of his conviction and sentence after submitting a pardon petition.
"Will Najib’s earlier pardon petition affect his subsequent action to seek a judicial review from a new apex court bench on the Federal Court’s rejection of his appeal and/or will the submission of a judicial review affect his earlier pardon petition?"
"With Najib’s two actions, these legal conundrums will have to be resolved by the relevant authorities," the DAP stalwart said.
kt comments: MENHEN alert, dedicated and diligent to Atuk's instructions
No stay of sentence
Meanwhile, Selvam said there is no way the Federal Court can stay a sentence upon a review application.
"No. There is no stay. He has to obtain the leave (first)," he said.
On Aug 23, a five-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat denied Najib’s appeal to quash his conviction over seven criminal charges, as well as the 12-year jail term and RM210 million fine, in lieu of an additional five years in jail.
Najib is serving his sentence at the Kajang Prison.
The only case that I know of where the Federal Court agreed to reexamine a previous Federal Court decision was in 2010 , to review the year 2000 decision on the Adorna Properties vs. Boonsom Boonyanit. A perpetrator, who was never caught, had used fraud to transfer the land title away from Boonsom , and eventually Adorna Properties obtained the title. It created a "Crime Pays" legal situation in Malaysia.
ReplyDeleteThe case was not only an injustice to Boonsom, but subsequently opened up a whole underground industry in Malaysia of successfully using fraud to transfer land titles.
In that case , the Federal Court correctly overturned an unjust earlier Federal Court decision.
A very, very rare case, and I don't see any such justification in the Najib case.