KUALA LUMPUR: Tan Sri Muhammad Shafee Abdullah alleged the Pardons Board, which deliberated on Datuk Seri Najib Razak's Royal Pardon application, did not operate in accordance with the constitution's requirements.
Shafee, Najib's lead counsel, highlighted this as one of their arguments for filing a fresh full Royal Pardon (Free Pardon) soon, alongside other grounds.
"It is unclear if the process of the Pardons Board and the decisions made to it are regular or otherwise. The law clearly states that the Royal Prerogative of mercy is the sole discretion of the Yang di-Pertuan Agong. It is unfettered and non-challengeable in any court.
"However, many public members are somewhat concerned due to the inconsistencies. My client is most baffled. As a result of these unsatisfactory features, we are looking at another application for a full Royal Pardon.
"We will decide when to submit the application. We will have sufficient grounds, including some new ones," he said during a press conference today.
Shafee also showed a copy of Najib's Pardons Board document, signed by then-Yang diPertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
He also pointed out that two documents, namely the Prime Minister Office's press release dated Feb 2, and the 'Perintah Pembebasan Awal' of His Majesty the Yang di-Pertuan Agong XVI, contain certain inconsistencies when compared to each other.
Shafee said Najib's application for pardon is not anchored on any fact of admission of guilt.
"They are anchored on the fact that he is not guilty and has never been given a fair trial and appeal, especially at the Federal Court.
"Najib's counsel at the Apex Court was not given the adjournment they requested as they were newly appointed, and the court proceeded to hear the appeal without any submission made by Najib's new counsel," he said.
Najib is currently serving a 12-year jail term after he was found guilty of one count of abuse of power with regard to Retirement Fund Inc's (KWAP) RM4 billion loan to SRC International Sdn Bhd, as well as three counts each of criminal breach of trust and abuse of power involving RM42 million of SRC funds.
He was also fined RM210 million.
SRC is a former subsidiary of 1Malaysia Development Bhd (1MDB).
In August 2022, the Federal Court upheld the conviction.
The 70-year-old former Pekan member of Parliament is still facing four charges of abusing his position to obtain bribes totalling RM2.3 billion of 1MDB funds and 21 charges of money laundering involving the same amount.
On Feb 2, The Federal Territories Pardons Board reduced the former Pekan member of parliament's fine and halved his 12-year jail term to six.
This means the former prime minister will be released from prison on Aug 23, 2028.