Referring to Prime Minister Anwar Ibrahim’s statement in an interview last night, it seems that the former is suggesting that it was the king’s decision to grant the pardon of former premier Najib Abdul Razak.
Specifically, Anwar said “I respect the decision of the then king” and “the king, after listening to the Pardons Board, finally decided to reduce the sentence”.
This appears to be a clear attempt by the prime minister to pass the final responsibility for the reduction of Najib’s sentence to the king.
But what Anwar said, whilst politically convenient for his government, is constitutionally wrong.
The responsibility for this pardon lies squarely upon the federal government and not the king, who as a constitutional monarch acts upon advice tendered to him.
Under Article 42 of the Federal Constitution, the power of pardon is exercised by the king upon the advice of the Pardons Board for federal territories.
Under Article 40(1A), whenever the king is to act following advice, the king “shall accept and act in accordance” with that advice.
In short, the king is bound to accept the advice of the Pardons Board and has no discretion in the matter.
Case laws have decided that the royal prerogative of pardon is not justiciable in court but this does not alter the fact that the king is bound to act on the Board’s advice.
The Federal Territory Pardons Board consists of the attorney-general, the federal territories minister, and appointed members.
The AG is the federal government’s legal adviser and the federal territories minister represents the prime minister and cabinet. Hence, the prime minister and his government bear full responsibility for the decision to pardon Najib.
Reduced sentence
Unusually, Anwar also stated that Najib can appeal further to the Pardons Board against his reduced sentence. Why does the prime minister have to make such a statement, which is premature and is up to the prisoner and his legal counsel to decide?
This statement seems to be laying the basis for a further reduction or perhaps a full pardon.
This is a dangerous turning point for Malaysia. Najib’s reduced sentence will inflict incalculable damage upon Malaysia’s international standing and image as the 1MDB corruption scandal was a global news event and involved corrupt transactions in multiple countries.
Its immediate effect is that this government might suffer a devastating loss of moral authority. - Mkini
ZAID MALEK is Lawyers for Liberty director.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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