Kuala lumpur: The Attorney General's Chambers (AGC) has clarified that the recent High Court ruling concerning Datuk Seri Najib Tun Razak's royal addendum does not undermine the pardoning authority of the Yang di-Pertuan Agong, the Malay Rulers, or the Yang di-Pertua Negeri.
According to BERNAMA News Agency, the AGC emphasized that Judge Alice Loke Yee Ching's oral judgment reaffirmed the prerogative power of these royal figures regarding pardons. The AGC's statement highlighted that, while the power of pardon is exclusive to these royal entities, it must be exercised in accordance with Article 42 of the Federal Constitution, aligning with the principles of a Constitutional Monarchy.
The AGC further clarified that the High Court's ruling outlines the due process for the exercise of pardoning power by the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri, thereby reinforcing the royal institution's authority in pardon proceedings. The AGC cautioned against misrepresentations of the court's decision that could disrupt public order, urging respect for the ongoing appeal process initiated by Datuk Seri Najib.
In response to reports from Malaysiakini and other media suggesting a diminishment of royal pardoning power, the AGC refuted these claims as false. The AGC stressed that the High Court's decision upheld the pardoning prerogative under Article 42(1) of the Federal Constitution, consistent with existing court precedents.
The AGC also noted that, per Article 42, the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri are required to consult the Pardons Board when deliberating on any pardon applications. The Minutes of the 61st Meeting of the Pardons Board for Kuala Lumpur, Labuan, and Putrajaya indicated that the decree in question was not addressed by the 16th Yang di-Pertuan Agong.
The AGC clarified that the meeting solely considered Datuk Seri Najib's request for a full pardon, resulting in a decree from the 16th Yang di-Pertuan Agong to reduce the prison sentence and fine. The High Court determined that no house arrest decree was issued under Article 42, as the matter was not discussed during the meeting.
Recently, the Kuala Lumpur High Court dismissed Najib's application for a mandamus order to authenticate and enforce an addendum decree for house arrest, confirming that this decree was not addressed at the Pardons Board meeting on January 29, 2024. Consequently, the former prime minister is required to serve the remainder of his sentence in Kajang Prison, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd. His original sentence of 12 years and a RM210 million fine was commuted to six years and a RM50 million fine after a royal pardon.