Sanusi seeks court determination on scope of Anwar’s royal pardon

 

Kedah Menteri Besar Muhammad Sanusi Md Nor has filed a bid for the civil court to determine whether the royal pardon granted to Prime Minister Anwar Ibrahim covers both the latter’s sentencing as well as criminal conviction.

The PAS leader filed the application - under Order 33 Rule 2 of the Rules of Courts 2012 - at the High Court (civil jurisdiction) in Alor Setar on March 31.

According to a copy of his affidavit in support sighted by Malaysiakini, Sanusi (above, left) sought the civil court determination of the issue in order to bolster his defence against Anwar’s defamation suit.

The issue of fact that the defendant seeks the court to decide on was whether the pardon by the 15th Yang di-Pertuan Agong to Anwar on May 16, 2018, was a full pardon that not only set aside the plaintiff’s jail sentence but also set aside his (Anwar's) conviction in the criminal court.

Federal Constitution

Among the issues of law that Sanusi sought for the civil court to determine was whether the royal pardon under Article 42 of the Federal Constitution is capable of extinguishing criminal conviction.

Through the filing, Sanusi said his statement of defence against the defamation action sought to rely on records of Anwar’s previous criminal cases involving the latter’s conviction and jail sentence.

The defendant pointed out that the plaintiff - in a reply to the defence - contended the former could not rely on such records due to the 2018 royal pardon having extinguished not only the latter’s jail sentence but also his (Anwar) criminal conviction.

Sanusi contended that the civil court needs to determine the extent of the royal pardon as his defence relied on the contention that his statements - which Anwar claimed to be defamatory - were actually based on purported facts.

The defendant claimed that his line of defence, among others, also relied on his contention that the royal pardon document did not state the reason for the pardon to Anwar other than on the basis of mercy, as well as not state that all of the plaintiff’s criminal records have been fully extinguished.

“However, via a reply to the defence, the plaintiff maintained the stance that the pardon is a pardon that extinguished/set aside (mengakas/mengenepikan) all criminal sentencing and conviction against the plaintiff, whereby it was as though the plaintiff has never committed any offence,” Sanusi contended.

Preliminary objection

However, in his affidavit in reply filed on April 25, Anwar raised a preliminary objection against Sanusi’s application, stating that the judiciary has no jurisdiction to look into the issue of the royal pardon, which is the prerogative of the Agong under Article 42 of the Federal Constitution.

The Harapan chairperson contended that Sanusi’s application ought to be dismissed as the matter of the Agong’s royal pardon is non-justiciable (not capable of being decided by law or a court).

When contacted by Malaysiakini, the defendant’s counsel Yusfarizal Yusoff said that the legal action is set for further case management before the High Court in Alor Setar on June 28.

On Dec 13, last year, PKR president Anwar filed the civil action against Sanusi over the latter’s election campaign speech in Tambun in the run-up to the 15th general election (GE15).

The speech was given in the parliamentary constituency a month earlier on Nov 13 while stumping for Perikatan Nasional candidate Ahmad Faizal Azumu. Anwar clinched the parliamentary seat.

Anwar is represented by counsel Sankara Nair. - Mkini