Royal pardon impossible for Najib as he still has cases not tried - Lawyers

SHAH ALAM - It is impossible for Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah to grant a royal pardon for former prime minister Datuk Seri Najib Abdul Razak as he has three other cases that have not been tried yet, say law experts.

Pasir Gudang MP and a lawyer, Hassan Abdul Karim said Najib still has unresolved court cases, namely the 1MDB corruption case involving the embezzlement of RM2.28 billion; a separate SRC International money laundering case involving RM27 million; and the International Petroleum Investment Company (IPIC) breach of trust case worth RM6.6 billion.

"In the three cases above, which have been tried in court, the Agong does not have the power to grant pardons," Hassan said.

Hassan said Agong can only pardon Najib in the SRC International corruption case involving RM42 million because the court has sentenced him to 12 years in prison and a fine of RM210 million.

Meanwhile, lawyer Fatihah Jamhari is of the opinion that a royal pardon undermines the judicial system, however, any decision taken should always be respected.

"I don't believe in royal pardon, and I personally think it undermines our judicial system, but it is a royal right of the rulers and a subject of constitutional monarchy, so we have to respect it," she told Sinar Daily.

Fatihah also recalled the royal pardon given to Prime Minister Datuk Seri Anwar Ibrahim, noting that the same thing could be granted to Najib.

"It has happened before in Anwar Ibrahim's case, and I will not be surprised if it happens now to Najib, considering everything is politically motivated," she explained.

On the question of whether there should be restrictions if Najib was to be granted a royal pardon, Fatihah said the judiciary has very little right to impose restrictions.

"Sadly, the judiciary has very little hand in royal pardon given by the Agong or Sultan at the advice of the Parole Board," she said.

On Friday, Umno secretary-general Asyraf Wajdi Dusuki confirmed that the party has decided to seek the Yang di-Pertuan Agong's consideration in granting Najib a pardon.

In a statement, he also said the Umno Supreme Council would also seek an audience with the Agong to present a memorandum on the matter.

Asyraf said the memorandum was handed to the top leadership by the 191 Umno divisions and was also signed by the Supreme Council as well as the women, youth, and Puteri wings of all 191 divisions.

Najib began serving his 12-year prison sentence on Aug 23, 2022 after he was found guilty of criminal breach of trust, power abuse, and money laundering involving RM42 million of funds belonging to SRC International.