Tuesday, April 30, 2024

Bar files to quash Pardons Board reduction of Najib's sentence

Bar files to quash Pardons Board reduction of Najib's sentence

Published: Apr 30, 2024 11:08 AM

The Malaysian Bar has filed a legal challenge to nullify the Pardons Board’s decision to reduce former prime minister Najib Abdul Razak’s 12-year jail sentence to six years and RM210 million fine to RM50 million.

The Bar’s legal representatives from the law firm Amir & Rajpal Ghai filed the judicial review leave application at the Kuala Lumpur High Court last Friday.

The legal profession body previously announced its intent to file a court challenge against the controversial Pardons Board decision.

According to a copy of the cause papers, the Bar named the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; as well as the former premier, as the first and second respondents.

The applicant seeks a declaration that the board's decision on Jan 29 was unlawful, unconstitutional and void, and wants a related court order to quash it.

The Bar seeks a permanent injunction to restrain Najib from further submitting any application for a royal pardon, reprieve or respite unless the former finance minister fulfils three conditions.

They include "all criminal prosecutions or charges against him have been exhausted, that he has publicly accepted responsibility for his actions for which he is convicted, and he has expressed repentance and remorse for his actions".

The judicial review leave application is set for hearing before the Kuala Lumpur High Court on July 2.

If the civil court grants leave, it would later set a separate date to hear oral submissions from all parties involved over the merits of the judicial review.

1 comment:

  1. The official Pardons Board decision to reduce Najib's prison sentence is really doubtful of any court can challenge it's validity and prerogative.

    However, the latest move to "House Arrest" has no official Pardons Board standing, and is very doubtful it carries any weight.

    YDPA exercises his powers of Pardon through the Pardons Board , not as an absolute.