The recent Attorney-General’s Chambers (AGC) statement that the Yang di-Pertuan Agong has decreed all pleas for clemency for crimes committed in the Federal Territories must follow the correct procedure and not through any other means was taken with a pinch of salt by former premier Najib Abdul Razak's supporters.
As expected, the statement has ignited strong reactions among Umno leaders.
Umno Youth chief Dr Muhamad Akmal Saleh questioned whether Prime Minister Anwar Ibrahim’s 2018 pardon duly followed the proper procedure.
On social media, Akmal asked - when Anwar received a pardon from the then Agong, was it brought before the Pardons Board?
He argued that, at the time, the cabinet had not even been formed yet. Hence, he believed the Pardons Board was not constitutionally formed.
Was he trying to drive home that Anwar’s full pardon was legally questionable?
Poor Akmal. He should have done proper homework before issuing such a public statement.
Court already decided
The High Court already answered the issue he canvassed in the case of Mohd Khairul Azam Abdul Aziz v Lembaga Pengampunan Wilayah Persekutuan & Anor (2020) MLJU 1691.
One of the grounds the plaintiff ventilated in that case was on the issue of the validity of the full pardon duly granted to the current prime minister. It was argued that the composition of the Pardons Board was not properly and constitutionally instituted.
The plaintiff, inter alia, contended the Pardons Board was constitutionally defective in that the Federal Territories minister was not appointed on the date of the board’s proceedings.
Under Article 42 of the Federal Constitution, one of the members of the Pardons Board in the Federal Territories ought to be the Federal Territories minister.
In rejecting such a feeble contention, the court categorically held that the non-appointment of the said minister then was of no consequence as the court accepted that under the “Perintah Menteri-Menteri Kerajaan Persekutuan 2018”, the prime minister (Dr Mahathir Mohamad) was the minister in charge of the Federal Territories at the time and he was present during the proceedings.
The court ruled that there was no merit in the plaintiff’s contention that there was a defect in the composition of the Pardons Board on May 16, 2018.
Therefore we may say that Akmal’s argument, with due respect, did not hold any water.
Perhaps Anwar’s supporters should be very thankful to Mahathir for honouring Pakatan Harapan’s pledge to ensure Anwar would receive a full pardon.
It goes without saying that Anwar’s case and Najib’s are poles apart. Nobody can deny the irreparable damage Najib and his 1MDB had caused to our economy despite Umno’s feigned indifference.
Najib and his family victims?
Apart from Akmal, another Umno leader - Mohd Puad Zarkashi - also condemned the AGC statement.
He described it as "too late” and should have been released a year ago when the issue on the royal addendum for Najib to serve the remainder of his sentence at home first surfaced.
Puad also lamented that Najib and his family are seen as victims of hasty, malicious, and vindictive charges. I find this mind-boggling reasoning not only flawed but amusing too. With respect, it’s Greek to me.
Puad’s view that Najib and his family are seen as victims seems to utterly disrespect the ironclad decisions of the High Court, the Court of Appeal and the Federal Court respectively in unanimously convicting Najib of corruption, abuse of power and money laundering.
Come on Puad, nobody ever victimised Najib. He was the author of his own misfortune.
Najib’s fiasco was rightly pointed out by the Court of Appeal as a national embarrassment. With the latest episode involving Najib once again, is Umno creating national embarrassment 2.0? - Mkini
MOHAMED HANIPA MAIDIN is a former deputy minister of law.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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