First pardon report could be presented after four years pending behaviour, says expert

SHAH ALAM - An constitutional experts says Regulation 54 (prison regulations 2000 under Prison Act 1995) shows that the first pardon report of an offender sentenced to prison could be presented for pardon after four years.

University of Technology Malaysia Professor Dr Muhammad Fathi Yusof further said an application for amnesty is only relevant for an offender who has served punishment, in good behaviour and has repented mistakes.

"This should be given consideration by the Pardon's Board should only be made after the report is submitted," he said.

On Monday, Prime Minister Datuk Seri Anwar Ibrahim said every prisoner including former prime minister Datuk Seri Najib Razak had the right to request for pardon. Anwar said the application made will be considered without any prejudice.

Fathi further said the power of forgiveness cannot be used on political basis as justice and judicial system could collapse if politics are used as a reason to justify forgiveness.

"The background or services of a person found guilty is not a guarantee that he is entitled to get pardon.

"Pardon should not be given as a privilege to someone who has been the leader of the country or due to other privileges," he said.

He said the immediate pardon which is earlier than four year will raise questions against the judiciary.

"The process of investigation, prosecution, hearings at various levels the court becomes futile and no meaning with the granting of immediate forgiveness.

"Everyone is equal before the law. This principle must be adhered strongly so that people are confident in the rule of law and the authority of the system.

"We do not want a court and power of pardon in the country to become a laughingstock," he added.