PD voter seeks to disqualify Anwar from by-election

PD POLLS | A voter from Port Dickson has filed for a court declaration to invalidate the royal pardon received by Anwar Ibrahim, to disqualify him from participating in the Port Dickson by-election.

The suit was filed by Noraziah Mohd Shariff, 38, at the Kuala Lumpur High Court today. The applicant also filed for a certificate of urgency. A hearing date has not been set.

In her affidavit, Noraziah argued that the issuing of the royal pardon was defective on grounds that Federal Territories Pardons Board advised the Yang di-Pertuan Agong to do so in an unconstitutional manner.

She argued that the board was not established in accordance with Article 42(5) of the Federal Constitution.

Article 42(5) reads: "The Pardons Board constituted for each state shall consist of the attorney-general of the Federation, the chief minister of the state and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the attorney-general may from time to time by instrument in writing delegate his functions as a member of the board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the board appointed by him who is absent or unable to act."

Noraziah also argued that the board had operated without the presence of the Federal Territories minister and the attorney-general.

In view of this, Noraziah's originating summons sought the court's declaration that the royal pardon does not invalidate Anwar's disqualification from holding public office.

She also sought a declaration that the Pardons Board was not established constitutionally, a declaration that royal pardon was not in accordance to Article 42(5) of the Federal Constitution and a declaration that Anwar was not allowed to run for public office until the expiry of his five-year ban.

At the time, the Federal Territories minister had yet to be appointed while Mohd Apandi Ali could not dispense his duties as attorney-general because he was on leave at the time.

Anwar was granted a full pardon on May 16 after his case was presented and considered by the 51st Pardons Board meeting for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

According to Istana Negara, at the time, the application for the full pardon was made on grounds that there Anwar was the victim of a miscarriage of justice.

Anwar later claimed that the pardon took effect from 1998, therefore providing him with a clean slate.

Questions on whether the Pardons Board was convened in the proper manner have been swirling of late, most prominently among online followers of lawyer Siti Kasim (photo), who also sought clarification from Attorney-General Tommy Thomas.

Thomas replied to her in a letter dated Sept 21 which affirmed that Anwar had received a pengampunan penuh (full pardon) and therefore could run as a candidate for the Port Dickson by-election. Nomination day is tomorrow.

At a press conference in Port Dickson earlier today, Anwar said that the pardon document was read out to him by the prisons director-general at his home. He also disputed claims that he needed to sign a certain document to legitimise the pardon.

"You can't stop people from raising this issue. It is a free country... But you can't cast (aspersions) or judgement because the facts are there. Okay? The decision was very clear. It was read out by the director-general to me and (my wife) at my home,"

"I have been concerned about why I didn't need to sign anything because the record has been cleansed completely.

"Four months later, suddenly it becomes an issue like after 20 years, they suddenly realise Anwar may not be a Malaysian leader, maybe (he’s) a Malay extremist. You can't stop people giving opinion or casting questions. We have the record," he said.

Noraziah's suit is the second suit related to the Port Dickson by-election.

Yesterday, Port Dickson voter Rosmadi Mohd Kassim had filed a suit to invalidate Danyal Balagopal Abdullah's resignation as the Port Dickson MP and a declaration that the Election Commission's decision to call for the Oct 13 by-election was null and void.

Hearing has been set for Oct 2.

Both suits were filed by the same firm – Tetuan Raja Riza & Associates. - Mkini