KUALA LUMPUR – A pardon or reduced sentence for convicted former prime minister Datuk Seri Najib Razak, if it is granted, is likely to be spun as opposition political fodder. However, critics should remember that such a decision is at the prerogative of the Yang di-Pertuan Agong, political observers say.
While the Pardons Board has yet to issue a statement amid speculation on the matter, Universiti Utara Malaysia (UUM) political analyst associate professor Rusdi Omar said the outcome of the board’s deliberations should not be used to attack the government.
“The opposition is expected to take advantage of this issue to attack the government.
“But we cannot say that it does not reflect good governance (on the government’s part), because it is the absolute right of the Yang di-Pertuan Agong – one the king has the power to grant a pardon, at his discretion,” Rusdi told Scoop.
Under Article 42(9) of the federal constitution, the Yang di-Pertuan Agong can consider any written opinion given by the attorney-general, who is a member of the Pardons Board, on a pardon application.
It is still up to the Agong to decide on the advice of the Pardons Board as he has the sole discretion to grant a pardon.
Rusdi also said that granting a pardon is not bound by a period of time, as speculation has included views that Najib ought to serve a certain number of years of his current 12-year sentence for corruption in the SRC International Sdn Bhd case.
“The pardon does not have a period of time – (if) today an individual is imprisoned (and applies for a pardon), tomorrow the Yang Dipertuan Agong can grant the pardon.
“Those who disagree with this should seek first the withdrawal of such royal privilege, but is that something we would really do?” Rusdi said.
Sociopolitical analyst Awang Azman Awang Pawi said the King’s decision has to be respected.
“The institution of the Yang di-Pertuan Agong has power beyond political interests.
“In Thailand, its former prime minister Thaksin Shinawatra was imprisoned and later granted a royal pardon by Thailand’s king,” Awang Azman said, referring to events in 2023 after Thaksin, who was convicted of corruption, was imprisoned following his return from exile.
Awang Azmin, who is an associate professor with Universiti Malaya’s Centre for Democracy and Elections, noted that the Thai monarch had based Thaksin’s pardon on the latter’s contributions to the country before his conviction.
“I think a similar situation will happen in Malaysia. If Najib is granted a pardon, it will be based on the discretion and authority of the Yang di-Pertuan Agong.”
Since last month, various media have been speculating over the date of the Pardons Board meeting before the immediate past Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah ended his reign on January 30.
The meeting was held at Istana Negara on Monday, January 29, as confirmed subsequently by Minister in the Prime Minister’s Department (Federal Territories), Dr Zaliha Mustafa. However, she did not deny or confirm speculation about a pardon decision.
This morning, Zaliha said an official announcement will be made this week, “hopefully”.
Following a speculative report by Singapore media Channel NewsAsia (CNA) that Najib’s jail term would her reduced from 12 to six years, Communications Minister Fahmi Fadzil yesterday reminded media to refrain from further speculation and to wait for an official statement.
He also confirmed that Najib’s bid for a pardon was discussed at yesterday’s cabinet meeting, but would divulge no more.
Najib was convicted by the high court in July 2020 of corruption involving RM42 million of funds belonging to SRC International, a former subsidiary of 1Malaysia Development Bhd (1MDB).
In August 2022, he lost his final appeal against conviction at the Federal Court, which upheld the conviction and sentence of 12 years in prison as well as a fine of RM210 million. He began serving his prison sentence in August 2022.
The former prime minister and ex-finance minister also has three other court cases.
They are for alleged money-laundering involving RM2.3 billion of the 1MDB funds, which is currently in the trial stage; misappropriation of RM6.6 billion in relation to International Petroleum Investment Company, in which the trial is to begin in June; and money laundering charges involving RM27 million of SRC International funds, which will be heard in September. – February 1, 2024.