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Friday, October 5, 2018

For The Attention Of The AG Mr Tommy Thomas Again - Your Silence Is Not Good

The following video by PAS (it is well articulated and the argument is backed by the Federal Constitution) again questions Anwar Ibrahim's eligibility to run for Parliament anywhere in Malaysia. 

Please watch the video. 


The speaker points out that Anwar was pardoned by the King under Article 42 of the Federal Constitution.

However the same speaker in the video quotes Article 48 of the Federal Constitution which says that a convicted criminal is barred from running for Parliament (or State) unless he (among a few other things) has been given a "free pardon" by the King. 

Obviously there are TWO types of pardons : 

i. full pardon and 
ii. a free pardon.

A "full pardon" - despite using the word 'full' - means commuting or reducing a persons sentence.  It does NOT WIPE CLEAN the criminal person's conviction. It only allows the convicted person to go home early from jail (or commute a death sentence to life for example).

In contrast a "free pardon" WIPES CLEAN a convicted person's criminal record.  This will allow such a person to stand for elections immediately upon release from jail. 

Anwar Ibrahim does NOT have a 'free pardon' - hence under Article 48 of the Federal Constitution he cannot run for any Parliamentary or State seat - not for another FIVE years.

The AG Mr Tommy Thomas has replied Siti Kassim saying that Anwar Ibrahim has been given a full pardon by the King (under Article 42 of the Federal Constitution) and is eligible to contest the Port Dickson Parliamentary seat.

The video above by the PAS guys makes it clear that the real hurdle which Anwar has to clear is Article 48 of the Federal Constitution where he would need a "free pardon" from the King (pengampunan bebas).

This Anwar Ibrahim does not have.

A court case has been filed in the High Court (by that girl) to declare Anwar as not qualified to run for the PD Parliamentary seat.   The AG discussing this matter outside the Court therefore becomes subjudice.  The AG will be hard put to discuss a case which is already before the Courts.

But there seems to be much merit to the argument put forward by PAS about Anwar Ibrahim NOT meeting the requirements of Article 48 of the Federal Constitution.  

It also implies that the AG's Chambers was too hasty in replying Siti Kassim.  Although Siti Kassim's letter to the AG was specific to Article 42 of the Federal Constitution what Siti meant was simply whether Anwar Ibrahim qualified to run for Parliament in Port Dickson. 

The AG should have checked ALL relevant articles of the Federal Constitution including Article 48 and only then replied Siti Kassim's letter.  

If the arguments put forward by PAS in the video above have merit, and it sounds like they do, then 

i.  this PD By Election wastes time, money and effort. 

ii. the travesty will become worse if Anwar Ibrahim still contests and wins the by election and then the Court decides later that he is not qualified. Hence triggering yet another By Election.  What a terrible waste of energy, time and money. Not to mention the mockery.  

And the AGC will have egg on their faces.   It is better for the AG to address those points in the video asap.  

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