Malaysian Bar to make case for legal challenge of Najib’s partial pardon today

Malay Mail

• The Malaysian Bar will justify challenging the Federal Territories Pardons Board’s (FTPB) decision to halve Datuk Seri Najib Razak’s prison sentence and reduce the fine in his SRC International case conviction.
• It filed the suit on April 26, asserting that the FTPB acted unconstitutionally in granting Najib a hearing before he was due for one, effectively violating other eligible prisoners’ right to equality under the Federal Constitution.
• In February, the FTPB announced that Najib’s initial 12-year prison term has been halved to six years and a reduction of his RM210 million fine to RM50 million.

KUALA LUMPUR, July 2 — The High Court today is set to hear the Malaysian Bar’s bid to challenge the Federal Territories Pardons Board’s decision to reduce Datuk Seri Najib Razak’s sentence from his SRC International conviction, alleging bias towards the ex-prime minister.

High Court judge Datuk Ahmad Kamal Md Shahid will be presiding over the hearing scheduled at 11am.

Applications for judicial review must obtain leave from the High Court in order to proceed.

The Malaysian Bar named Najib and the FTPB as respondents in the suit.

In the application filed by solicitors Messrs Amir & Rajpal Ghai, the Malaysian Bar is seeking a declaration that the FTPB’s collective decision was unlawful, unconstitutional and void.

It is also requesting an order of certiorari against the board to quash the FTPB’s decision.

The Malaysian Bar, which represents 22,000 lawyers practising in Peninsular Malaysia, also wants a permanent injunction restraining Najib or his agents from submitting any application for pardon, reprieve or respite to the board until all criminal charges against him have been exhausted. — Picture by Choo Choy May

The Malaysian Bar, which represents 22,000 lawyers practising in Peninsular Malaysia, also wants a permanent injunction restraining Najib or his agents from submitting any application for pardon, reprieve or respite to the board until all criminal charges against him have been exhausted. — Picture by Choo Choy May

The Bar, which represents 22,000 lawyers practising in Peninsular Malaysia, also wants a permanent injunction restraining Najib or his agents from submitting any application for pardon, reprieve or respite to the board until all criminal charges against him have been exhausted.

At the Malaysian Bar’s 78th annual general meeting (AGM) back in March, members of the legal professional body for Peninsular Malaysia in a near-unanimous vote adopted the resolution for the Bar Council to file the court challenge.

The motion for the resolution was proposed by former Malaysian Bar president Zainur Zakaria and seconded by former Malaysian Bar president Yeo Yang Poh.

Najib has been imprisoned since August 23, 2022, after the Federal Court upheld his conviction for criminal breach of trust, power abuse and money laundering over the misappropriation of SRC International Sdn Bhd’s RM42 million.

Najib is serving his sentence at Kajang prison and his earliest release is on August 23, 2028.

Under the Federal Constitution, the Agong chairs the meetings of the FTPB, which comprises the attorney general, the Federal Territories minister, and a maximum of three other members appointed by the Agong.