Introduce minimum criteria for eligibility to apply for pardon, watchdog calls on Putrajaya

The Centre to Combat Corruption and Cronyism (C4 Centre) is calling upon the government to introduce a minimum criteria for eligibility to apply for pardons, along with a fair and transparent procedure for the processing of pardon applications.

In a statement yesterday, the watchdog said it was ‘gravely disappointed’ by the recent decision by the Pardons Board to halve the jail sentence of former prime minister Datuk Seri Najib Tun Razak in the SRC International case from 12 years to six, as well as reduce the fine imposed on hin from RM210 million to RM50 million.

“Pardons in various forms are inextricably linked with considerations of justice. This process acts as a final safeguard where the criminal justice system fails to exonerate those who are deserving of mercy due to all surrounding circumstances.

“However in Najib’s case, there is serious doubt as to whether he is deserving of such mercy for the crimes that he has committed. In his position as the leader of the nation, he abused the authority and trust reposed in him by voters to unjustly enrich himself to the detriment of all other Malaysians. The Court of Appeal referred to his SRC International case as a ‘national embarrassment.”

It also pointed out that Najib still had several pending criminal trials for other corruptionrelated offences, and a summary judgment of about RM1.69 billion in unpaid taxes due to the Inland Revenue Board.

“His legacy is tainted with multiple instances of massive theft from the Malaysian people. His actions have imposed exorbitant debts upon innocent taxpayers, depleting public funds which could have provided for our citizens for years to come. Is this truly the sort of person who deserves clemency?”

The watchdog opined that the Pardons Board’s decision did not undo the damage that Najib had caused to the country – both in terms of tangible impact as well as international reputation. It added that the probe against and prosecution of Najib spanned different continents and across the multitude of scandals he had played a role in.

“The reduction of Najib’s sentence sends a message to the international community, some nations of which may have been affected by the nature of this cross-border corruption, that the Malaysian authorities simply do not care about corruption taking place within and outside of Malaysia – that the politicking taking place within our borders supersedes considerations of inter-governmental relations.”

C4 Centre said it was important to consider the legal position of the power of pardon, which is constitutionally afforded to the Rulers of each state, and the Yang di-Pertuan Agong for the Federal Territories, under Article 42 of the Federal Constitution.

It said although the Pardons Board of the Federal Territories, upon which the Attorney General and the minister in charge of the Federal Territories sit, did provide advice in Najib’s case, the ultimate discretion to grant the pardon was a purely personal prerogative of the King, unlike most other exercises of discretion by the King which is subject to the binding advice of the Executive.

“This power has been repeatedly declared by the judiciary as a nonjusticiable one, i.e. it cannot be challenged even by the courts.

“The Anwar administration should view this decision with significant concern, although the Prime Minister and his Cabinet cannot be held responsible for the commutation itself,” it said.