The Malaysian Bar is calling for reforms to the Pardons Board after its decision to shorten the jail term and fine of former prime minister Datuk Seri Najib Razak. Malaysian Bar president Karen Cheah expressed the need for reforms to prevent the influence of the Executive and ensure independence in the pardons process.
Cheah suggested that the government’s role in the Pardons Board should be reduced or eliminated to ensure inclusivity in the process. She also recommended amending the Constitution to remove the influence of the Attorney General and the Federal Territories Minister or Chief Ministers of states in the Pardons Board.
On Feb 2, the Pardons Board announced that Najib’s jail term would be reduced from 12 years to six and the fine reduced from RM210mil to RM50mil. This decision came after Najib filed a petition for a royal pardon on Sept 2, 2022, following his conviction of misappropriating RM42mil in SRC International funds.
The High Court sentenced Najib to 12 years’ jail and a RM210mil fine in 2020, and his appeal was dismissed by the Court of Appeal and Federal Court in subsequent years, making the royal pardon his last avenue for freedom.
Currently, Article 42(5) of the Federal Constitution provides that the Pardons Board includes the AG (or his/her representative) and the Chief Minister of the relevant state. Cheah suggested introducing safeguards that ensure the power of the Pardons Board is exercised sparingly and within clear boundaries and established circumstances or categories.
“Remorse and repentance surely must be a substantial part of such an exercise. To date, after having served one year and five months in prison, Najib has yet to show remorse, any form of repentance, nor apology for committing the offences of criminal breach of trust, abuse of power and money laundering, for which he was convicted,” said Cheah.
Cheah also emphasized the need to prevent deterioration of due process and expressed concerns over the recent controversial high-profile case of Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s discharge not amounting to an acquittal in the Yayasan Akalbudi case. She stated the importance of not allowing a similar discharge for Najib’s ongoing 1MDB prosecution and two other ongoing cases.
The Malaysian Bar is calling on the government to ensure that political power does not hold the rule of law in shackles and that efforts to combat corruption do not become meaningless.
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