Crime & Courts

(UPDATED) Malaysian Bar challenges Pardons Board's decision on Najib's sentence reduction

KUALA LUMPUR: The Malaysian Bar has filed a judicial review to challenge the Pardons Board over its decision to reduce former Prime Minister Datuk Seri Najib Razak's prison term by half for his SRC International corruption conviction.

In the application filed on April 26, the Malaysian Bar wanted the Federal Territories Pardons Board (FTPB)'s decision against Najib made on Jan 29 as unlawful, unconstitutional and void.

The Malaysian Bar is also seeking a permanent injunction to restrain Najib, his servants, and agents from submitting any application for pardon until he publicly accepted responsibility and expressed repentance for his actions.

Bar Council secretary Murshidah Mustafa, in her supporting affidavit claimed the FTPB's decision is a betrayal of the nation's trust and belief in investigating and prosecuting a corrupt figure who abused their position.

She claimed FTPB's decision violates Article 8 (1) of the Federal Constitution by giving Najib priority or special treatment not afforded to other convicted prisoners who have been sentenced and applied for pardon.

On March 16, the motion to file the judicial review was passed during the Malaysian Bar 78th Annual General Meeting (AGM).

The newly-elected Malaysian Bar president Mohamed Ezri Abdul Wahab said 238 members supported the motion, with one member objecting.

On Feb 2, the Federal Territories Pardons Board reduced Najib's fine as well as halved his 12-year jail term to six.

This means that the former prime minister will be released from prison on Aug 23, 2028.

Najib is currently serving a 12-year jail term after he was found guilty of one count of abuse of power about Retirement Fund Inc's (KWAP) RM4 billion loan to SRC International Sdn Bhd, as well as three counts each for 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).

The sentence was meted out by the High Court on July 28, 2020.

On Oct 19 of the same year, Najib filed a petition of appeal which contained 307 grounds of appeal on why he should be freed of the charges.

On Dec 8, 2021, the Court of Appeal upheld the High Court's decision and dismissed Najib's appeal to set aside his conviction and jail sentence in the SRC case.

On Aug 23, 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.

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