JOHOR BARU, Sept 8 — A Johor PKR federal lawmaker has urged Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun to review his decision for Datuk Seri Najib Razak to remain the Pekan MP despite losing his final appeal against his SRC International conviction.
Pasir Gudang MP Hassan Abdul Karim said Article 48(1)(e) of the Federal Constitution was clear that Najib was disqualified as a result of his 12-year prison sentence and RM210 million fine.
Hassan argued that the Article did not expressly state that an application for pardon or for the Federal Court to review its decision to uphold his SRC International conviction came under the ambit of “court proceedings” before which the disqualification would not take place.
“On the contrary, what is clearly stated under Article 48(1)(e) of the Federal Constitution is that if the offender has been sentenced to imprisonment of not less than one year or a fine of not less than RM2,000 and he does not get a free pardon then he is disqualified as an MP,” he said.
Earlier, Azhar said Najib 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,
On Monday, both Najib’s lead defence lawyer Tan Sri Muhammad Shafee Abdullah and Azhar confirmed that he had filed a petition for pardon within the 14-day period from the August 23 decision date.
The filing of the pardon bid within the 14-day timeline enables Najib to remain as Pekan MP while waiting for his pardon bid to be decided on.
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.
Constitutional lawyers previously agreed that the applications for a royal pardon and Federal Court review would allow Najib to remain as the Pekan MP pending their disposal and so long as they were filed within 14 days of his sentence taking effect.
