SHAH ALAM - Datuk Seri Najib Razak can only submit an application for a royal pardon in relation to the 1Malaysia Development Berhad (1MDB) charges after he has been convicted and the sentence has been finally determined by the courts.
Lawyer Muhammad Hasif Hasan said under legal principles, a royal pardon may only be sought after the former prime minister has been sentenced and all appeal processes have been exhausted, particularly following a decision by the Federal Court.
He said an application for a royal pardon is case-specific and sentence-specific and does not apply to other charges that are still ongoing in court.
“The defence will file notices of appeal against all convictions and sentences.
“After that, the parties must wait for the grounds of judgment so that all sides can understand the court’s reasons for convicting and sentencing the accused.
“Only after the legal process concludes at the Federal Court and if the decision is unfavourable to Najib, can he then submit an application to the Pardons Board,” he told Sinar.
Najib, who is also a former finance minister, was found guilty by the Kuala Lumpur High Court on Friday of four charges of abuse of power involving RM2.3 billion in 1MDB funds between 2011 and 2014.
Trial judge Datuk Collin Lawrence Sequerah (now a Federal Court judge) made the ruling after finding that the defence representing Najib, 72, had failed to raise reasonable doubt at the close of the defence case.
Previously, Najib who is currently serving a prison sentence at Kajang Prison after being convicted of misappropriating RM42 million from SRC International Sdn Bhd received a reduction in his jail term from 12 years to six years and his fine was reduced from RM210 million to RM50 million.
The Federal Territories of Kuala Lumpur Pardons Board decided on the matter on Feb 2, 2024, with Najib scheduled to be released on Aug 23, 2028.
Commenting further, Hasif said the defence would have the opportunity to resubmit any requests previously made and presented to the Pardons Board, including applications for house arrest, a reduction in the prison sentence, or a reduction in the fine.
“This process is expected to take time as it involves preparing notices of appeal, waiting for the grounds of judgment and a full hearing at the Federal Court.
“The defence must wait for the grounds of judgment, which will explain the court’s reasoning, including its assessment of the witnesses and evidence presented,” he said.