Malaysian Bar: “One dissenting opinion is no ground for future review or retrial”

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A dissenting opinion does not give grounds for a retrial nor does it establish a right to a further review under Rule 137 of the Rules of the Federal Court 1995, said the Malaysian Bar.

Bar president Karen Cheah said any dissenting judgment in the Court of Appeal and the Federal Court amounts to nothing more than a difference of opinion, and the public must be cognisant that it is the majority decision that ultimately triumphs and prevails.

She was referring to a majority 4-1 decision by the Federal Court last Friday (March 31) to dismissed Datuk Seri Najib Razak’s application for leave to review his SRC International case.

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“Judge Nazlan’s judgment was watertight, can’t be challenged or disturbed”

THE Chief Judge of Sabah and Sarawak, Datuk Abdul Rahman Sebli, was well within his rights in expressing his solitary disruptive dissent against the majority decision in the appeal brought up by Datuk Seri Najib Razak against various decisions of the earlier Federal Court panel of seven judges.

That is the lone judge’s prerogative which must be respected. That said, let’s recall the negative baggage of a bygone era of kakistocracy and kleptocracy.

The case involving Najib was an unprecedented one in that it involved a former prime minister (PM) as well as the country’s phenomenal wonder boy. He was the son of the country’s most powerful PM.

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Najib never expressed remorse, say netizens on Umno’s pardon bid

WHILE there is a celebratory mood among former premier Datuk Seri Najib Razak’s loyalists that a royal pardon is coming and that the latter will celebrate Hari Raya in the joy of his home, Twitter users are blasting the horns, saying Najib has never expressed remorse over his crimes.

Najib’s lawyer Tan Sri Shafee Abdullah said the dissenting judgement by Federal Court judge Datuk Abdul Rahman Sebli is sufficient to back Najib’s application for a royal pardon.

Shafee said Abdul Rahman’s minority judgement has been included in the application for a royal pardon that is being prepared.

Reports say the UMNO supreme council will be seeking an audience with the Yang di-Pertuan Agong to present an application to consider a royal pardon for Najib.

But for internet users, Najib can’t get an early pardon. A Twitter user said Najib never expressed regret or remorse in the SRC International case.

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Umno applying political pressure to get Najib pardoned: Muhyiddin

KUALA LUMPUR – Umno has been accused by Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin of applying political pressure in a desperate bid to secure a royal pardon for its disgraced former president Datuk Seri Najib Razak.

Muhyiddin, who is Bersatu president, said while any decision on the matter will be at the discretion of the Pardons Board, certain processes and procedures must be adhered to.

“As far as I am concerned, anyone can apply (for a pardon), but they (Umno) are using political pressure,” he was quoted as saying by Utusan Malaysia after chairing a state-level PN meeting in Kelantan yesterday.

Muhyiddin, however, declined to comment on Prime Minister Datuk Seri Anwar Ibrahim’s admission yesterday that he would be on the Pardons Board hearing Najib’s application.

This, he said, is because the matter is done in accordance with the law.

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ALIRAN: Najib deserves to remain in prison! Desist from steamrolling pardons process

ALIRAN Kesedaran Negara, Malaysia’s first muilti-ethnic reform movement dedicated to justice, freedom and solidarity has hit out on what appears to be a concerted campaign of manipulation of the facts and disinformation about how the system of administration of justice works and the attempts to undermine the finality of the process at the Federal Court.

In the first place, the Malaysian Anti-Corruption Commission (MACC) should not have gotten itself involved in investigating High Court judge Datuk Mohd Nazlan Ghazali for alleged conflict of interest.

“UMNO appears to be in a hurry to push for an early pardon for convict Najib using as its basis the sole dissenting judgment against the guilty verdicts of 13 other judges at the High Court, the Court of Appeals and in two Federal Court panels,” the ALIRAN executive committee pointed out in a statement.

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Govt trusts due process, King’s wisdom, says Loke over Najib’s pardon bid

PUTRAJAYA: The unity government trusts in the Yang di-Pertuan Agong’s wisdom and the due process in Najib Razak’s application for a royal pardon, says transport minister Loke Siew Fook.

At a press conference here today, Loke also said Umno’s request for the King to consider granting the former prime minister a royal pardon was not the unity government’s stand but the party’s.

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“Agong’ discretionary power to pardon is not absolute, subject to certain limitations”

THE recent comments made by Datuk Seri Anwar Ibrahim regarding the discretionary power of the Yang di-Pertuan Agong (YDPA) to pardon individuals convicted of a crime is that it rests with the King and is subject to certain qualifications.

According to Article 42(4)(a) of the Federal Constitution, the YDPA’s powers with regard to pardons are functions for which federal law may make provision under Clause (3) of Article 40.

This means that the YDPA has the ultimate discretionary power when it comes to granting pardons which is not limited to the advice of the Pardons Board.

Furthermore, Article 40(2) of the Federal Constitution provides that the YDPA shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where the Federal Constitution requires the King to act in his discretion.

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The ‘heroics’ of Najib and Zahid: A bane for Anwar’s reform efforts

IN LIGHT of the present political climate, scepticism abound over Prime Minister (PM) Datuk Seri Anwar Ibrahim’s pledge to form a solid and functional coalition with Barisan Nasional (BN).

The fact that UMNO which is notorious for betraying its allies is seeking a royal pardon for its former leader Datuk Seri Najib Tun Razak has only heightened concerns of Pakatan Harapan (PH) leaders about the unity government’s viability.

When Datuk Seri Ahmad Zahid Hamidi, currently facing 47 criminal charges of corruption, money laundering, and abuse of power, was named Deputy Prime Minister (DPM), public confidence was devastated.

Many people doubt the government’s commitment to reform, suspecting it will do anything to keep power, including supporting Najib’s pardon appeal.

A handful of PH supporters are worried that their PM is losing grip on the coalition. They have no idea whether their leaders are acting in the country’s best interests or simply seeking to maintain control. Anwar’s leadership is at a crossroads due to his low approval ratings and lack of confidence.

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ALIRAN: The mood of the country is clearly against a royal pardon for Najib and this can’t be ignored

I HAVE often wondered about the consequence if Datuk Seri Najib Razak is pardoned now – and once again found guilty and then sentenced to prison.

Would that mean a fresh appeal for pardon every time he is convicted – a serial application for a pardon?

Would UMNO launch multiple appeals for pardon each time Najib is found guilty? He still has a number of ongoing cases. There is a real possibility he might be convicted multiple times. What then will UMNO do?

Shouldn’t UMNO wait until all Najib’s cases are disposed of before appealing for a pardon? That would make sense!

Without thinking it through, UMNO has – with great zeal and zest – launched a campaign to seek a pardon for the world’s greatest kleptocrat. The party has seemingly the massive support of all its 191 divisions, including its women’s, youth and Puteri (young women’s) wings reflecting, as it were, the will of its 3.5 million members.

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Heads of state must consider pardon applications judiciously, says ex-AG

PETALING JAYA: The Malay rulers and governors as heads of their respective states are expected to act fairly and judiciously when considering applications for pardon, a former attorney-general (AG) said.

Abu Talib Othman said the power to grant mercy is vested in the heads of state in their capacity as a fountain of justice. Their power includes granting various forms of clemency, including a full pardon.

“They are expected to act fairly and judiciously and not at their individual whims and fancies,” he told FMT.

Abu Talib, who served as AG between 1980 and 1993, said this in response to whether heads of state have absolute discretion as to whether to grant a pardon or act on advice of their respective pardon boards.

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