AG’s views must be considered in Najib’s 2nd pardon bid, says ex-AG

 Abu Talib Othman says Article 42(9) makes it mandatory for the Federal Territories Pardons Board to consider the written opinion before advising the king.

In February 2024, the Federal Territories Pardons Board halved Najib Razak’s prison term in his SRC case to six years and reduced the fine to RM50 million. (Bernama pic)

PETALING JAYA:

The Federal Territories Pardons Board (FTPB) must consider the attorney-general’s (AG) written opinion when deliberating on former prime minister Najib Razak’s second application for a pardon, says former AG Abu Talib Othman.

Abu Talib said the Yang di-Pertuan Agong, who presides over the board, could not exercise his power of mercy at his “whims and fancies”.

“As per Article 42(9) of the Federal Constitution, the pardons board shall consider the written opinion which the AG may have delivered thereon,” he told FMT.

Abu Talib, who served as the country’s top legal officer from 1980 to 1993, said the use of the word “shall” in Article 42(9) makes it mandatory for the FTPB to consider the AG’s opinion.

He added that every member of the board would be provided with the written opinion before the meeting.

“At the meeting, other members of the board could also provide their opinions,” he said.

Earlier today, federal territories minister Hannah Yeoh confirmed that the FTPB would meet tomorrow morning.

This came after sources told FMT that Najib’s second pardon application was expected to be among the matters raised at the FTPB meeting this week.

However, it remains unclear whether the meeting will result in a decision or whether the board will merely discuss the application.

A separate source also said Najib might be allowed to serve the remainder of his sentence under house arrest, although it remains unclear whether that option will be considered at tomorrow’s meeting.

The Agong presides over the FTPB, whose other members include Yeoh in her capacity as federal territories minister, the AG and three others.

Article 42(1) of the Federal Constitution gives the Agong or a ruler the power to grant pardons, reprieves and respites, or remit, suspend or commute sentences in specified circumstances.

Article 42(9) states that before tendering its advice on any matter, the pardons board shall consider any written opinion which the AG may have delivered on the matter.

On July 28, 2020, Najib was convicted by the High Court of misappropriating some RM42 million belonging to SRC International.

He was sentenced to 12 years in prison and fined RM210 million. He began serving his sentence at Kajang prison after the Federal Court affirmed the conviction and sentence on Aug 23, 2022.

In February 2024, the FTPB halved his prison term to six years and reduced the fine to RM50 million. - FMT