Najib files petition for pardon

Dewan Rakyat Speaker Azhar Harun today confirmed that former prime minister Najib Razak, who recently began serving a 12-year jail term for charges of corruption, has filed an application for a pardon under Article 42 of the Federal Constitution. 

In a statement, Azhar said he had received a copy of the pardon application dated Sept 1, as well as a copy of a letter from Najib's lawyers at Messrs Shafee & Co confirming the receipt of the application by the director-general of the legal affairs department at the Prime Minister's Office on Sept 2. 

"According to Article 48(1)(e) of the Federal Constitution, MPs who are convicted of wrongdoing and jailed for a minimum of one year or fined a minimum of RM2,000 will lose their eligibility as MPs," he said. 

"The enforcement of this is subject to the provisions of Article 48(4) and 53(2) of the constitution. 

"In this matter, Article 48(4)(c) states that if a petition for a pardon is filed by the MP within 14 days of the date the appeal was decided, he or she will only lose his or her eligibility as an MP once the petition is settled (if the petition is rejected)."

Given that Najib had filed the petition on Sept 2, Azhar said he would remain as MP for Pekan. 

"His status as an MP will only be determined after the petition process for the pardon is complete." 

On Aug 23, the Federal Court rejected Najib's final appeal against his conviction and sentence in the SRC International case, which saw him charged with seven counts of money laundering, criminal breach of trust and abuse of power over the misapprioriation of RM42 million.

The Kuala Lumpur High Court found him guilty on July 28, 2020, sentencing him to 12 years in jail with a fine of RM210 million. 

The ruling was upheld by the Court of Appeal on Dec 8, 2021.

Najib still faces four other cases related to graft at state fund 1MDB and other government agencies.