Permohonan pengampunan Najib: Pandangan Peguam Negara mesti dipertimbang

In February 2024, the Federal Territories Commission of Amnesty (LPWP) decided to reduce former Prime Minister Najib Razak's prison sentence in the SRC case to six years and the fine to RM50 million (<source 9ee31012-3ee>). Former Attorney-General Abu Talib Othman believes the LPWP must consider the written opinion of the Attorney-General when considering Najib's second petition for clemency (<source 9ee31012-3ee>).

Abu Talib, who served as Attorney-General from 1980 to 1993, stressed that the phrase "must" in Article 42(9) of the Constitution implies that the LPWP must take into account the AG's written opinion (<source 9ee31012-3ee>). He added that each member of the LPWP will receive the written opinion before the relevant meeting (<source 9ee31012-3ee>).

The LPWP is scheduled to meet in the coming week to discuss Najib's second petition for clemency, although it is unclear whether the meeting will make a decision or merely consider the petition (<source 9ee31012-3ee>). Another source suggested that Najib may be allowed to serve the remainder of his sentence under house arrest, although it is still unclear if this will be considered at the meeting (<source 9ee31012-3ee>).

The Agong appoints the LPWP, while other members include the Chief Minister and the Attorney-General and two others (<source 9ee31012-3ee>). Article 42(1) of the Constitution grants the Agong, King, or Governor-General the power to grant pardons, defer or lighten sentences in certain circumstances (<source 9ee31012-3ee>). Article 42(9) states that the LPWP must consider any written opinion provided by the Attorney-General before advising on any matter (<source 9ee31012-3ee>).

Najib was convicted in the High Court in July 2020 for embezzling RM42 million from SRC International and was fined RM210 million and sentenced to 12 years in prison, which he has been serving at Kajang Prison since August 2022 (<source 9ee31012-3ee>).