The Johor sultan has the power to pardon the teenager who was sentenced to jail for making rude remarks about Johor Crown Prince Tunku Ismail Sultan Ibrahim, according to lawyers.
The power to pardon is provided under Article 42 of the Federal Constitution, which states that the ruler of a state "has power to grant pardons, reprieves and respites in respect of all other offences committed in his state", they said.
"In light of Tunku Ismail's previous statement, it is apt that this case be considered for pardon," lawyer Eric Paulsen told Malaysiakini today.
Paulsen was referring to the crown prince's request that the police not arrest his critics and instead let them "say what they want to say" to his face.
Muhammad Amirul Azwan Mohd Shakri, 19, was sentenced to a year in jail on Tuesday by the Sessions Court in Johor Baru, after he pleaded guilty to 14 counts of making insulting comments with the intent to offend the Johor royalty.
This prompted civil societies and human rights lawyers to question why the teenager was given the maximum sentence and was unrepresented.
Lawyer New Sin Yew told Malaysiakini that while the Johor sultan could pardon Amirul, the teenager did not need to seek pardon right now.
"There's no need to seek pardon at this juncture. The boy can still appeal against the sentence.
"The Sessions Court judge was clearly wrong in his sentencing," he said.
Usually, he added, people only sought pardon when all avenues of appeal had been exhausted.
However, Paulsen said he did not think Article 42 of the Federal Constitution prevented an indivudual someone from applying for pardon even if they had not exhausted all appeals.
"Of course, the power of pardon is exercisable on advice of the Pardons Board, which may require exhaustion of appeal," he conceded.
Amirul was sentenced to jail for making the insulting comments on Facebook between March and April this year under the pseudonym 'Miyo Castello'.
At least three people have been arrested in the last two weeks for allegedly posting rude remarks against the crown prince.- Mkini
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