Ex-AG: Najib can seek royal pardon, but will have to serve ‘considerable’ jail time first
He also reportedly said that the Agong must act on advice despite the power of pardon being vested in him and that the decisions of any pardons board are currently beyond review by courts.
(MMO) – Former prime minister Datuk Seri Najib Razak could write to the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah in a bid for clemency over his conviction in the SRC International Sdn Bhd corruption case, but he will have to serve time first, former attorney-general (AG) Tan Sri Abu Talib Othman reportedly said.
Abu Talib was a prosecutor in the late 1970s when the late former Selangor chief minister Datuk Harun Idris was convicted for corruption and the AG in 1982 when the late former culture, youth and sports minister Datuk Mokhtar Hashim was convicted for the murder of Datuk Mohamad Taha Talib, the then-speaker of Negri Sembilan legislative assembly.
“Both were granted a pardon only after serving jail terms for some time,” he was quoted as saying by online news portal Free Malaysia Today.
Lawyer Syed Iskandar Syed Jaafar Al Mahdzar reportedly spoke further on the process, saying: “I think Najib would have to serve a considerable [amount of] time before he can get clemency as he did not put forward mitigating factors before the apex court.”
The royal pardon falls under Article 42(1) of the Federal Constitution, which gives the Agong or Sultan the powers to grant a pardon or reprieve to a convict, wiping clean any legal punishments to provide a “clean slate”.