KUALA LUMPUR: The High Court today allowed Datuk Seri Najib Tun Razak’s lawyers to participate in the Malaysian Bar Council’s leave application proceedings to challenge the Pardons Board’s decision to reduce the former prime minister’s prison sentence and fine.
Judge Datuk Ahmad Kamal Md Shahid made the decision after Najib’s lawyer Tan Sri Muhammad Shafee Abdullah, requested the court’s permission to participate in the proceedings and make submissions, citing the public interest nature of the case.
“This case is of public interest, and the second respondent (Najib) is granted permission to argue at the judicial review leave application stage. In the interest of justice, I am adjourning today’s proceedings to allow the second respondent to file written submissions within a month, with the hearing set for September 18,“ said Judge Ahmad Kamal.
In today’s proceedings, the court was scheduled to hear the Malaysian Bar Council’s application, represented by lawyer Datuk Zainur Zakaria, on an ex-parte basis.
After Zainur presented his arguments, Muhammad Shafee intervened and requested permission to participate in the proceedings on the grounds it involved his client’s interests.
However, Zainur objected to the request, arguing that the lawyers could not participate at the leave stage but could make submissions during the judicial review proceedings once permission was granted.
Today’s proceedings were also attended by senior Federal Counsel Ahmad Hanir Hambaly, representing the Attorney General’s Chambers.
The Malaysian Bar Council filed the judicial review leave application on April 26, naming the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, along with Najib, as respondents.
The Bar Council is seeking a declaration that the Jan 29 Pardons Board’s decision regarding Najib’s application to halve his prison sentence, which would result in an early release on Aug 23, 2028, is illegal, unconstitutional, and invalid.
It is also seeking a declaration that the Pardons Board’s decision to reduce Najib’s fine from RM210 million to RM50 million, with the condition that failure to settle it would extend his prison term by a year, resulting in early release on Aug 23, 2029, is illegal, unconstitutional, and invalid.
Najib, 70, has been serving his sentence in Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
He filed a petition for royal pardon on Sept 2, 2022, and the Pardons Board reduced his prison sentence from 12 years to six years, while the fine was reduced from RM210 million to RM50 million.
