Federal Court to decide if Anwar’s pardon can be questioned

 

Lawyer Khairul Azam Abdul Aziz (left) is appealing against the striking out of his suit to question the Pardon Board’s decision on Anwar Ibrahim.

PUTRAJAYA: The Federal Court will hear on March 22 whether the Pardons Board’s decision to set aside the criminal conviction of Anwar Ibrahim in 2018 could be questioned in a court of law.

Lawyer J Leela, who is representing the opposition leader, said the applicant, Khairul Azam Abdul Aziz, had filed seven legal questions for the apex court to hear the merit of his complaints.

“We are objecting that he (Khairul) be given leave to have the court hear the appeal,” she told FMT after case management before deputy registrar Mahyun Yusof today.

Lawyer Nurin Husnina Hussein represented Khairul, who is also a lawyer.

On Sept 21, 2021, the Court of Appeal struck out Khairul’s suit for being “obviously unsustainable” as it did not disclose a proper cause of action.

In allowing Anwar’s appeal, a three-member bench chaired by Has Zanah Mehat said the board’s power to pardon him was not limited to sentence but also his conviction.

Has Zanah said the bench was also of the view that the power of pardon was non-justiciable (cannot be questioned in court), and Khairul had no legal standing to file the action.

In throwing out the striking out applications by the government and Anwar in 2020, High Court judge Akhtar Tahir said evidence needed to be produced and parties had the right to cross-examine witnesses.

Khairul was seeking a declaration that the pardon given to the Port Dickson MP and opposition leader was not in accordance with the law as the Federal Territories Pardons Board was not legally constituted at the time.

He said the board also did not exist at that time (May 2018) because a board member – then attorney-general Apandi Ali – was on garden leave and the federal territories minister had yet to be appointed.

He also said Apandi had not assigned the solicitor-general to represent him at the meeting.

The Federal Constitution states that the Federal Territories Pardons Board’s membership should consist of the attorney-general, the minister and at least three others to advise the King.

Anwar told a press conference on May 16, 2018 that the King had granted him full pardon for his three convictions – one for abuse of power and two for sodomy – on the basis that there was a “miscarriage of justice”.

He said the pardon was also on the basis that there was a conspiracy to condemn him and “assassinate” his political character. - FMT