The Kuala Lumpur High Court has dismissed former prime minister Najib Abdul Razak’s house arrest bid.
Judge Alice Loke, in rejecting Najib’s judicial review this morning, found that the 16th Yang di-Pertuan Agong’s royal decree was invalid under the law.
“In the circumstances, premised on my reasoning, the addendum order is not a valid order made in the exercise of the prerogative of mercy.
“I’m of the view that a house arrest order is not capable of execution, no legal provision for such a mechanism in Malaysia,” the judge said.
Najib’s family was visibly distraught after the verdict in court, with his wife, Rosmah Mansor, heard speaking to lawyers over her dissatisfaction with the judgment.
A teary-eyed Rosmah was also seen grasping Najib's hand and refusing to let go.
On Instagram stories, the couple's daughter, Nooryana Najwa, expressed grief over the outcome.
"So, so sorry, daddy. I can't imagine how you're feeling at this moment. Please stay patient, ok. We live to fight another day as always.
"Take care of your health, daddy, that's the most important thing," she said.
Addendum order didn’t follow procedure
Loke, in her judgment, said the addendum order did not comply with the procedures in Article 42 of the Federal Constitution, which clearly sets out the decision-making process for the powers of pardon to be exercised.
The exercise of the prerogative of mercy under Article 42 must be made by adhering to the procedures stipulated, she added.
“It is indisputable that the house arrest was not deliberated at the Pardons Board meeting.
“The fact that it was referred to as a supplementary order confirms it,” she told the court.
Whilst the power of clemency is a royal prerogative, the judge said the Constitution has provided for it to be exercised within its framework.
“The Pardons Board, as a constitutional body, has an important function of advising the Yang di-Pertuan Agong before a decision is made.
“The attorney-general, who is a principal legal adviser to the government, is a member of the Pardons Board, it is mandatory for the Pardons Board to consider his views.
“All these requirements taken cumulatively do not envisage a decision of Yang di-Pertuan Agong outside the Pardons Board meeting.
“In other words, the Yang di-Pertuan Agong cannot decide independently of the Pardons Board,” Loke said. - Mkini
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