Malaysian Bar claims Najib given special treatment in bid for judicial review of pardon
KUALA LUMPUR: The Malaysian Bar has filed an application for leave to commence a judicial review against the Pardons Board’s decision to reduce Datuk Seri Najib Razak’s sentence in the SRC International Sdn Bhd case.
The application was filed at the High Court registry through Messrs Amir & Rajpal Ghai last Friday (April 26).
It named the Federal Territories Pardons Board and Najib as the first and second respondents, respectively.
According to court documents, the Bar is seeking a declaration that the decision by the first respondent on Jan 29 regarding the application made by the second respondent was unlawful, unconstitutional and void.
The decision was to reduce Najib’s imprisonment sentence by 50%, whereby he would be granted an early release on Aug 23, 2028; and to reduce his RM210mil fine to RM50mil in default of a year in jail.
The Bar is seeking for a certiorari order against the first respondent to quash the decisions.
It also sought a permanent injunction to restrain the second respondent, his servants, agents or otherwise howsoever, from submitting any application for pardon, reprieve or respite to the first respondent until and unless all criminal proceedings or charges against Najib have been exhausted, or he has publicly accepted responsibility for his actions for which he is convicted, and he has expressed repentance and remorse for those actions.
The applicant is also seeking a prohibition order against the Pardons Board from accepting, considering or determining any application by Najib for pardon, reprieve or respite.
In its supporting affidavit, affirmed by the Bar’s secretary Murshidah Mustafa, it was stated that the Pardons Board decision had infringed Article 8(1) of the Federal Constitution by giving Najib favoured or special treatment that is not equally accorded to other convicted prisoners applying for pardon.
Murshidah said that indications showed that Najib was accorded special opportunity and special treatment over other prisoner-applicants when Najib’s application turned up without following the sequence.
A check on the court’s efiling system showed that the hearing for leave to commence judicial review has been fixed for July 2 before Justice Ahmad Kamal Md Shahid.
Najib, 70, has been in Kajang Prison serving his sentence since Aug 23, 2022 after his conviction in the SRC International case.
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