Permohonan pengampunan Najib: Pandangan Peguam Negara mesti dipertimbang

On February 2024, the Federal Territories Board of Commutation decided to reduce former Prime Minister Najib Razak's prison sentence in the SRC case to six years, while increasing the fine to RM50 million (Picture Bernama). The Federal Territories Board of Commutation (LPWP) must consider the written opinion of the Attorney-General (AG) when considering Najib's second petition for forgiveness, said former Attorney-General Abu Talib Othman.

Abu Talib said the Yang di-Pertuan Agong, who presides over the LPWP, cannot use the pardon power at his leisure. "In accordance with Article 42(9) of the Constitution, the Board of Commutation must consider any written opinion the AG might have presented on the matter," he told FMT. A former Attorney-General from 1980 to 1993, Abu Talib said the word "must" in Article 42(9) means the LPWP is obligated to consider the AG's opinion.

He added that each LPWP member would receive the written opinion before the relevant meeting. "At that meeting, other LPWP members can also express their views," he said. Earlier today, Federation Territories Minister Hannah Yeoh confirmed the LPWP will convene early tomorrow. This follows reports to FMT that Najib's second petition for forgiveness is expected to be among the issues discussed at the LPWP meeting this week.

However, it is unclear whether the meeting will reach a decision or merely discuss the petition. Another source said Najib may be allowed to serve the remainder of his sentence under home confinement, but it is still unclear whether this will be considered at the meeting. The Agong chairs the LPWP while other members, including Yeoh as Federation Territories Minister, the Attorney-General, and three others, have a role in it.

Article 42(1) of the Constitution authorizes the Agong, King, or Governor-General to grant amnesty, defer, or reduce sentences under certain circumstances. Article 42(9) states that the Board of Commutation must consider any written opinion by the Attorney-General before advising on any matter. Najib Razak, 72, was charged with misappropriation of RM42 million from SRC International in July 2020.

He was fined RM210 million and sentenced to 12 years of imprisonment, which he has been serving at Kajang Prison since August 2022. In February 2024, the LPWP decided to reduce Najib Razak's prison sentence in the SRC case to six years, while increasing the fine to RM50 million.