KUALA LUMPUR, Aug 24 — Former prime minister Datuk Seri Najib Razak could write to the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah in a bid for clemency over his conviction in the SRC International Sdn Bhd corruption case, but he will have to serve time first, former attorney-general (AG) Tan Sri Abu Talib Othman reportedly said.
Abu Talib was a prosecutor in the late 1970s when the late former Selangor chief minister Datuk Harun Idris was convicted for corruption and the AG in 1982 when the late former culture, youth and sports minister Datuk Mokhtar Hashim was convicted for the murder of Datuk Mohamad Taha Talib, the then-speaker of Negri Sembilan legislative assembly.
"Both were granted a pardon only after serving jail terms for some time,” he was quoted as saying by online news portal Free Malaysia Today.
Lawyer Syed Iskandar Syed Jaafar Al Mahdzar reportedly spoke further on the process, saying: "I think Najib would have to serve a considerable [amount of] time before he can get clemency as he did not put forward mitigating factors before the apex court."
Syed Iskandar reportedly cited the case of Opposition leader Datuk Seri Anwar Ibrahim, who was given a royal pardon in 2018 after serving three years in jail for sexual misconduct against a former aide.
He also reportedly said that the Agong must act on advice despite the power of pardon being vested in him and that the decisions of any pardons board are currently beyond review by courts.
The royal pardon falls under Article 42(1) of the Federal Constitution, which gives the Agong or Sultan the powers to grant a pardon or reprieve to a convict, wiping clean any legal punishments to provide a "clean slate”.
Yesterday, Najib failed in his final appeal against the High Court's guilty conviction, which saw the Federal Court ordering him to serve his 12-year sentence with immediate effect. He was also fined RM210 million.
He had been found guilty of one count of abuse of power, three counts of criminal breach of trust, and three counts of money laundering.
Chief Justice Tun Tengku Maimun Tuan Mat said that the findings of the High Court on the defence were correct and that the learned trial judge had undertaken a thorough analysis of the evidence produced by the defence, correctly evaluating all the evidence led in relation to the defence and did not believe the defence narrative.
She also said that Najib had shown how his defence was inconsistent, incoherent and unworthy of belief, as submitted by the prosecution.
After spending an hour at the courtroom with his family, aide and fellow party members, he departed to Kajang Prison to serve his sentence.
