2 weeks Ago
KUALA LUMPUR, Nov 11 — The Malaysian Bar today failed to get the High Court’s approval to proceed with its legal challenge against the Federal Territories Pardons Board’s decision to reduce former prime minister Datuk Seri Najib Razak’s 12-year jail term and RM210 million fine. Judge Datuk Ahmad Kamal Md Shahid dismissed the Malaysian Bar’s application for leave to proceed with the court challenge, and did not order for costs to be paid. “Therefore, for the above reasons, I’m of the considered view that this leave application is non-justiciable, frivolous and more importantly, there is no arguable case that granting the reliefs sought at the substantive hearing may be the resultant outcome,” the judge said.
While the Malaysian Bar had stressed that it was not challenging the Yang di-Pertuan Agong’s (YDPA) powers to grant pardon and was only challenging the Pardons Board’s decision, the High Court today said this approach is flawed. Since the YDPA’s powers to grant pardon is not “justiciable” – meaning it cannot be reviewed by the courts – the judge said the Pardons Board’s advice to the King on the matter also cannot be reviewed or challenged in court. “I am of the considered view that the decision of the YDPA and the advice of the FT Pardons Board are all part and parcel of one process that culminated with the granting of pardon by the YDPA, consequently not a matter that is suitable and appropriate to be reviewed before the court,” the judge said.
In its court challenge filed on April 26, the Malaysian Bar is seeking a court declaration that the Federal Territories Pardons Board’s January 29 decision to reduce Najib’s jail time to six years and fine to RM50 million is unlawful, unconstitutional and void. The Malaysian Bar – a professional body representing lawyers in Peninsular Malaysia and the Federal Territories – is also seeking a court order to quash the Pardons Board’s decision to reduce Najib’s sentence. The Malaysian Bar also wants a court order for a permanent injunction to stop Najib from submitting any application for pardon until and unless he has publicly accepted responsibility for his actions for which he has been convicted for, and until and unless he has expressed repentance and remorse for those actions.
The Malaysian Bar also wants a court order to prevent the Pardons Board from accepting or considering or deciding on his pardon applications until and unless the same things take place. Since the Malaysian Bar failed to get leave today, it cannot proceed to have its lawsuit heard. Lawyer Datuk Yeo Yang Poh that the legal team would take instructions from the Malaysian Bar on whether an appeal would be filed against today’s ruling.
Yeo, a former president of the Bar, had represented it in the court case. MORE TO COME.
