Pardons Board not legally compelled to make decision public, says lawyer

 

The Pardons Board should make public its decision on Najib Razak’s pardon application as the case is one of public interest, says lawyer Bastian Pius Vendargon.

PETALING JAYA: A constitutional lawyer says there is no law compelling the Federal Territories Pardons Board (FTPB) to make its decisions public, amid speculation that former prime minister Najib Razak will be granted a pardon for his corruption conviction.

However, Bastian Pius Vendargon said the board had a moral responsibility to do so.

He said it was crucial for FTPB to provide “well-founded and transparent reasons” for its decision, as it was a widely known and significant case.

“This is no ordinary case involving someone who committed murder and then is pardoned after 20 years.

“This is a public interest case and it involves public funds. Some of the money has been found in the US and elsewhere. So, this has caused a lot of public interest. There should be a proper explanation,” he told FMT.

Lawyer Charles Hector said although there were no legal requirements for the FTPB to announce its decisions publicly, transparency and accountability were important in a democratic system.

“The people demand it. They do not want ‘secrets’ as such conduct raises doubts. Why be afraid to be transparent and honest with the people?” he said.

He also recommended that all of FTPB’s decisions be made public and accompanied by concise explanations.

“It should be on the FTPB’s website. As pardons can be applied for by others, those who have applied should also get an answer.”

Meanwhile, another lawyer, Kitson Foong said the FTPB had the authority to withhold information from the public, particularly in cases where privacy concerns, such as an individual’s health issues, come into play.

“If a King forgives you, he forgives you. Just like the good old days of fairy tales. Whereas the court of public opinion is another story.

“But we are not ruled by the court of public opinion. We are ruled by the court of law and by the constitution.”

Rumours of Najib being granted a pardon have been swirling following reports that the FTPB met at Istana Negara on Monday.

The following day, federal territories minister Dr Zaliha Mustafa, who sits on the board, confirmed that the meeting took place, but did not disclose if Najib’s application was discussed. She said a statement from the board was forthcoming.

The same day, Utusan Malaysia quoted sources as saying that Najib had been granted a royal pardon, but later retracted its report and issued an apology. - FMT