The power of pardons, Constitutional expert explains
SHAH ALAM - In light of Datuk Seri Najib Razak becoming the country’s first former prime minister to be jailed for criminal offences after the Federal Court upheld his conviction of 12-year jail sentence and RM210 million fine, is it likely for him to be pardoned?
Incumbent of the Institution of Malay Rulers Chair at UiTM Datuk Dr Shamrahayu Ab Aziz said it was ideal for the matter to be under the purview of the pardon’s board.
“I think we should not be in front of the decision made by the board.
"I think what has been said by (former premier) Tun Dr Mahatahir Mohamad during (PKR President Datuk Seri) Anwar Ibrahim's time is that it should not happen again.
“As for the petition, we are still not sure whether he will issue the petition or not so we should just let the pardon’s board do their work and decide on the matter as such,” the Constitutional expert told Sinar Daily.
Commenting more on the power of pardons, she said the King has the power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
“This power of pardon is used when a person is found guilty by the courts of a country and punished with a sentence.
“To explain the position of the power of pardon in the justice administration system, I would describe it as ‘when justice comes to an end, mercy comes to play,” she said.
Shamrahayu said the trial process in court was a process to instil a sense of responsibility of the victims for the offence that has been committed in order to impose punishment on him or he should be held accountable for the criminal act committed.
“After the court processes are over, and the court finds a person guilty, then he must serve the sentence for the offence convicted by the court,” she said.
She added that the word “pardon” does not only refer to the pardon of a proven offence but also includes the power to postpone the sentence or relieve the sentence, including remitting, suspending and mitigating the sentence imposed by the court in the process of justice.
On the same matter, former prime minister Tun Dr Mahathir Mohamad believes that there was a high possibility that Najib will receive royal pardon at some point in time.
“There is an English saying ‘justice delayed is justice denied’ that we can translate as delayed justice is justice that is neglected.
“Because Najib’s SRC case took a very long time (four years), many cases of theft, abuse of power, and corruption involving many political figures were delayed and did not face the court.
“And some criminals die, thus the delay in the trial will result in justice being ignored,” she said.
Najib was found guilty of one count of abuse of power, three counts of criminal breach of trust, and three counts of money laundering.
He still faces four other legal cases involving the misappropriation of RM2.3 billion of 1Malaysia Development Berhad (1MDB) funds, abusing his power to amend the 1MDB audit report, criminal breach of trust amounting to RM6.6 billion in relation to payments to International Petroleum Investment Company (IPIC) and illegal money laundering involving SRC International funds worth RM27 million.
