Cabaran Badan Peguam bantah pengampunan Najib 2024, mahkamah putus pada Januari

Putrajaya: The High Court Review will announce its decision on Monday regarding the appeal by the Bar Council against the decision of the Federal Territories Welfare Board (LPWP) in 2024 that reduced former Prime Minister Najib Razak's jail term and cut the fine for SRC International. The ruling came after the LPWP granted Najib a conditional pardon last week, allowing him to serve the remainder of his six-year sentence under house arrest until August 23, 2028, provided he pays a RM50 million fine.

Attorney Rajpal Singh Ghai, representing the Bar Council, informed parties involved that the High Court Review date of January 7 was announced roughly two weeks before the LPWP's latest conditional pardon to Najib. The three-judge panel consists of Lim Chong Fong, Azhahari Kamal Ramli, and Leonard David Shim, who heard the Bar Council's appeal on July 31.

The Bar Council sought to overturn the 2024 decision, in addition to seeking a declaration that it was invalid, unlawful, and void. During the hearing, attorney Yeo Yang Poh argued that defending oneself is a cornerstone of the justice system, and the LPWP's decision should be subject to judicial review. The LPWP must be accountable to the public, and its decision should be open to judicial review, Yeo stated.

He emphasized that the bar for obtaining justice is low, as the Bar Council presented a case with a solid legal basis and not a frivolous or harmful one. Former Bar Council president Zainur Zakaria contended that Article 40(1A) of the Constitution abolished the Yang di-Pertuan Agong's absolute discretion when exercising their constitutional functions.

He referred to Clause 40(1A), which requires the Yang di-Pertuan Agong to act on advice when performing those functions. Challenging the appeal, Senior Attorney General Ahmad Hanir Hambaly argued that the High Court should deny justice as the matter cannot be judged by a court. He claimed the appeal touched upon the Yang di-Pertuan Agong's prerogative under Article 42 of the Constitution, which is not subject to judicial review.

Najib's attorney, Shafee Abdullah, supported the government's position, stressing that the final pardon decision lies with the Yang di-Pertuan Agong, while the Bar Council only presented their views. The LPWP reduced Najib's original six-year jail term to four years and the fine from RM210 million to RM50 million in the conditional pardon last week.

If Najib breaches the conditions, he risks having the pardon revoked and being sent back to prison. The High Court Review's decision will determine whether the Bar Council can continue its substantive challenge of the 2024 decision.