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Malaysian Bar appeals against dismissal of its bid to challenge Najib’s pardon

PUTRAJAYA: The Malaysian Bar has filed an appeal against the High Court’s decision to dismiss its bid to challenge the Pardons Board’s decision to reduce Datuk Seri Najib Tun Razak’s prison sentence and fine in the SRC International Sdn Bhd case.

Lawyer Zainur Zakaria, representing the Malaysian Bar, told Bernama that the notice of appeal was filed on Dec 3 last year.

On Nov 11 last year, the High Court dismissed the Malaysian Bar’s application for leave to initiate a judicial review of the Pardons Board’s decision.

The presiding judge, Datuk Ahmad Kamal Md Shahid (now a Court of Appeal judge), ruled that the application was non-justiciable and frivolous as the decisions of the Yang di-Pertuan Agong and the Pardons Board were part and parcel of one process that culminated with the granting of pardon by the YDPA.

The Malaysian Bar’s leave application to commence the judicial review proceeding was filed on April 26 last year, naming the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, as well as Najib, as respondents.

It is seeking a declaration that the Pardons Board’s decision on Jan 29, 2024, to halve Najib’s 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, is illegal, unconstitutional and invalid.

Najib, 71, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.

He filed a petition for a royal pardon on Sept 2, 2022, which led to the Pardons Board’s decision to reduce his prison sentence from 12 years to six years and his fine from RM210 million to RM50 million.

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