AGC CLARIFIES HIGH COURT RULING ON NAJIB DOES NOT DIMINISH ROYAL PARDONING POWER

KUALA LUMPUR, Dec 23 (Bernama) -- The Attorney General's Chambers (AGC) has clarified that the High Court's decision regarding Datuk Seri Najib Tun Razak's royal addendum in no way diminishes the pardoning power of the Yang di-Pertuan Agong, the Malay Rulers, or the Yang di-Pertua Negeri.

In a statement today, the AGC noted that Her Honour Judge Alice Loke Yee Ching, in her oral judgment, also affirmed the prerogative power of the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri concerning pardons.

“The power of pardon cannot be exercised by any other party. However, consistent with the concept of a Constitutional Monarchy, its exercise must be based on the conditions set out in Article 42 of the Federal Constitution,” the statement read.

The AGC said the High Court’s ruling had detailed the due process governing the exercise of this power by the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri when deciding on a pardon, thereby reinforcing and affirming the authority of the royal institution, particularly in pardon proceedings.

"The Chambers therefore stress that it is entirely unacceptable to disrupt public order or incite unrest by misrepresenting the court’s ruling. All parties are expected to respect the ongoing appeal process commenced by Datuk Seri Najib," it stated.

The AGC has refuted as false recent reports by Malaysiakini and other media outlets that the High Court’s decision diminished the pardoning power of the Malay Rulers and Yang di-Pertua Negeri. The AGC stressed that these reports do not reflect the true grounds set out by the High Court.

The AGC emphasised that in dismissing Najib’s application for judicial review, the High Court reaffirmed that the grant of a pardon is a prerogative power of the Yang di-Pertuan Agong, guaranteed under Article 42(1) of the Federal Constitution, as established in superior court precedent.

“However, Article 42 also provides that in exercising this prerogative power, the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri shall convene with the Pardons Board when deciding upon any application,” the statement read. 

According to the AGC, the Minutes of the 61st Meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya clearly show that the decree in question was neither discussed nor decided upon by the 16th Yang di-Pertuan Agong. 

The AGC added that the meeting solely discussed Datuk Seri Najib’s application for a full pardon, with a decree by the 16th Yang di-Pertuan Agong to halve the prison sentence and reduce the fine. 

“Consequently, the High Court ruled that no additional decree for house arrest was issued under Article 42 of the Federal Constitution, as the matter was never discussed or decided upon in that same meeting,” the statement read.

Yesterday, the Kuala Lumpur High Court dismissed Najib's application for a mandamus order to verify and enforce an addendum decree purportedly allowing him to serve the remainder of his prison sentence under house arrest.

The court found that the decree in question was neither discussed nor decided upon at the 61st Meeting of the Pardons Board on Jan 29, 2024. 

The ruling then confirmed that the former prime minister must serve the remainder of his sentence in Kajang Prison.

He was convicted of misappropriating RM42 million from SRC International Sdn Bhd and was originally sentenced to 12 years in prison and a RM210 million fine, which was later commuted to six years’ imprisonment and a fine of RM50 million following a royal pardon.

-- BERNAMA