Will Najib get a pardon? Ex-chief justice Hamid says Anwar’s case sets a precedent for convicts

KUALA LUMPUR, Sept 8 — Retired top judge Tun Abdul Hamid Mohamad has indicated that Malaysia’s legal and judicial systems would become an international laughing stock if convicted former prime minister Datuk Seri Najib Razak were to receive a pardon, Utusan Malaysia reported today.

The former chief justice from 2007 to 2008 noted that the Federal Constitution is silent on the grounds for a convicted criminal to receive a pardon, but added that the 2018 full pardon granted to PKR president Datuk Seri Anwar Ibrahim has set a precedent.

“The case of Pakatan Harapan chairman Datuk Seri Anwar Ibrahim has changed that practice. The grounds for Anwar to get a pardon was only political,” Abdul Hamid was quoted as saying.

He noted that Anwar’s pardon petition started when PH won the 14th general election and that then prime minister Tun Dr Mahathir Mohamad sought a royal audience with the Yang di-Pertuan Agong to make the request.

“The Agong at that time gave his approval, granted Anwar an audience and informed him that he was pardoned because of the injustice done to him.

“All this happened before the Pardons Board convened. That was a mistake.

“But it’s not the Pardons Board’s job to state if the Federal Court judgment was right or wrong,” Abdul Hamid was quoted saying.

He added that the question on whether or not Najib should receive a pardon has been politicised.

He pointed that in Najib’s case, the reason for a pardon that can be inferred, based on remarks made by Umno president Datuk Seri Ahmad Zahid Hamidi at the Malay nationalist party’s recent meeting, was that the ex-PM had not been given a fair trial.

Abdul Hamid contrasted it to two other past cases involving former Selangor mentri besar Datuk Harun Idris and former culture, youth and sports minister Datuk Mokhtar Hashim, noting that court judgment for both men had not been disputed and they were pardoned on compassionate grounds.

Najib is currently serving his 12-year jail sentence at the Kajang Prison after a five-judge panel at the Federal Court upheld his conviction of stealing RM42 million from the government-owned SRC International Sdn Bhd.

A 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.