Questions over govt's stand on Najib's pardon

Questions have been raised about Putrajaya's stand on Umno's efforts towards a royal pardon for former leader Najib Razak despite the recent disavowal by a member of Anwar Ibrahim's Cabinet, with a lawyer citing the prime minister's presence on the Pardons Board and the composition of his coalition government. 

Speaking to MalaysiaNow, Rafique Rashid said the board members would include the minister responsible for the federal territories as this was where Najib had been tried. 

"In the Federal Board of Kuala Lumpur, of course the attorney-general will be there, as well as the Yang di-Pertuan Agong – and, more importantly, the minister who looks after the region. 

"Right now, there is no specific minister in charge of the federal territories, but it will be taken over by the Prime Minister's Office, that is the prime minister himself."

He also noted Umno's partnership with Pakatan Harapan (PH) at the federal level.

"Umno is part of Anwar's government, and also that of Anthony Loke," he said, referring to the transport minister who, earlier this month, said the petition for a pardon for Najib was never discussed by the Cabinet. 

"How can Loke say that this is not the government's stand when Umno, their own partners in the administration, are in full support of the pardon?" he added, recalling as well Umno's support for the formation of Anwar's government. 

Najib was convicted in 2020 of criminal breach of trust, money laundering and abuse of power in relation to the misappropriation of RM42 million in SRC International funds.

He began serving a 12-year jail term in August last year after losing his final appeal. 

Last month, the Federal Court dismissed his application for a review of his conviction and sentence, dashing his last hope of legal recourse in the case. 

Umno subsequently began spearheading an attempt to obtain a royal pardon for the former president, who still wields significant influence within the party. 

Senior lawyer Haniff Khatri Abdulla meanwhile said Loke's statement showed maturity, describing it as a healthy view from two angles. 

Firstly, he said, it showed an understanding that neither the government nor any minister had power of pardon as this lay with the Yang di-Pertuan Agong. 

He said Loke was also aware that the coalition government could not make a unanimous stand, unlike previous administrations which were formed through post-election majorities. 

"Those governments could make such a stand," he said. 

On Anwar's presence on the Pardons Board, he said the prime minister was there not due to his own desire but because this was provided for in the Federal Constitution. 

"This is not about Anwar, but about the federal territories minister who needs to sit on the board," he said. 

"If we take the example of Anwar, we don't see this. We see it more as a political move." 

He said another example could be seen in the pardon given to Anwar himself after the 14th general election in May 2018. 

At that point, he said, the PH government was led only by Dr Mahathir Mohamad as the prime minister, without a Cabinet line-up. 

Haniff said this was why Mahathir had been part of the Pardons Board tasked with considering Anwar's pardon for his sodomy conviction. 

"Mahathir didn't want to be there," he added. "It was determined by the constitution. 

"If Mahathir, the federal territories minister at the time, did not sit on the board, it would not have been legal under the constitution. 

"The important question right now is whether Anwar has interests at stake." 

But regardless, he added, anyone in such a situation would need to first follow the law.