KUALA LUMPUR, Sept 8 — Ex-prime minister Datuk Seri Najib Razak will remain the Pekan MP pending his applications for a royal pardon and a Federal Court review of its decision to maintain his SRC International conviction, Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun reiterated today.
On Monday, Azhar confirmed receiving documents showing that Najib had filed his petition for a royal pardon within the 14-day deadline from the Federal Court’s August 23 decision to uphold his conviction and sentence in the SRC case
He said then that this meant Najib would not be disqualified as Pekan MP immediately and that his MP status would then depend on the outcome of the pardon bid.
Today, Azhar confirmed receiving additional documents, this time showing Najib had also filed an application to ask the Federal Court to review its own decision in the SRC case.
“Taking into account the petition for pardon that had been made before this and also the motion had been filed, therefore YB DSN’s status as Pekan MP currently does not change and will only be finalised after both the petition for pardon and that motion are resolved,” Azhar said in a statement today, referring to Najib as “YB DSN” and the review application as the “motion”.
On September 6, Najib through his lawyers’ law firm Shafee & Co applied for the Federal Court to review its decision about two weeks ago to maintain his conviction and sentence of 12 years’ imprisonment along with a RM210 million fine in the SRC case.
Azhar today said he received a letter from law firm Shafee & Co dated September 7 regarding the review application for Najib.
Azhar added that the law firm also attached the notice of motion or the actual review application dated September 6, Najib’s affidavit in support or the sworn statement he made on September 6 to support his review application, and a September 6 certificate of urgency, which is usually a document filed to ask the court to hear a matter urgently.
Azhar said Shafee & Co also provided a letter dated September 6 to show the Federal Court acknowledged receiving the filing of the review application on September 6 itself.
Viewing the review application that was filed at the Federal Court as a court proceeding regarding Najib’s conviction and sentence, Azhar said this would fall under the category of “any other court proceeding” under Article 48(4)(b) of the Federal Constitution.
Azhar then concluded that as the review application was filed within the 14-day deadline required to preserve Najib’s Pekan MP status temporarily, the latter would not be disqualified immediately from continuing to be MP.
“As this motion was filed within 14 days from the date of the Federal Court’s August 23 decision, based on Article 48(4)(b) of the Federal Constitution, YB DSN’s disqualification will only take effect after the motion is disposed of (if that motion is rejected),” Azhar explained.
This means that on top of the pardon bid filed on September 2, the review application filed on September 6 will also enable Najib to keep being a Pekan MP, even if his 12-year jail sentence and RM210 million fine would have triggered his disqualification.
This is because Article 48(4)(a) and Article 48(1)(e) of the Federal Constitution provides for an MP’s disqualification 14 days from the day he is convicted and sentenced to at least one-year jail or fine of at least RM2,000 and has not received a free pardon. Najib’s sentence in the SRC case already exceeds such amount of fine or the number of years of imprisonment.
But constitutional lawyers have explained to Malay Mail that Article 48(4)(b) and Article 48(4)(c) would enable Najib to delay his disqualification as MP as long as he applies for a pardon or review of the Federal Court’s decision within 14 days of the August 23 decision, with his Pekan MP status then able to continue on until the pardon or review is decided.
Constitutional lawyer K. Shanmuga had said the 14-day deadline would mean the last day for Najib to file for pardon or review is on September 6, based on how the number of days is calculated under constitutional provisions.
If you want to know why Najib will be able to keep his Pekan MP seat for now but will not be able to join the next general elections to run for any seats, read Malay Mail's report of the lawyers’ explanation here.
