KUALA LUMPUR (Aug 24): Datuk Seri Najib Razak, now serving a 12-year jail sentence together with a RM210 million fantastic after the Federal Court docket upheld his conviction on Tuesday (Aug 23) within the SRC Worldwide Sdn Bhd trial, might file for clemency inside 14 days of his conviction as a way to preserve his Pekan parliamentary seat, however is unlikely to have the ability to defend and contest within the fifteenth common election (GE15) till a pardon is granted.
The GE15 should be referred to as by September 2023, following the final common election on Might 9, 2018, and the primary 14th Parliament sitting in July 2018.
Senior lawyer Datuk Malik Imtiaz Sarwar mentioned that based mostly on Article 48 (4) (a)(i) of the Federal Structure, the disqualification will take impact upon the expiry of 14 days from the date of the conviction and sentence.
“Nevertheless, if throughout the mentioned interval of 14 days, ‘an attraction or some other courtroom continuing is introduced in respect of such conviction and sentence’, the disqualification takes impact upon the expiry of 14 days from the date such attraction or courtroom continuing is disposed of by the courtroom, below Article 48(4)(b).
“Herein, ‘some other courtroom continuing’ appears broad sufficient to cowl a overview utility [of the Federal Court’s decision],” he instructed theedgemarkets.com when contacted.
On Tuesday, Hisyam Teh Poh Teik — Najib’s lead counsel within the ultimate attraction — indicated the potential for submitting a overview of the apex courtroom determination, as he sought a keep of the sentence.
Nevertheless, Chief Justice Tun Tengku Maimun Tuan Mat indicated that the apex courtroom can’t keep a sentence upon a overview utility.
A overview may be filed below Rule 137 of the Federal Court docket Guidelines 1995, which recognises the apex courtroom’s inherent energy to, amongst different issues, overview earlier selections made by an earlier apex panel as a way to forestall an injustice or an abuse of course of.
Nevertheless, such a overview course of, which must comprise a unique bench, is never granted because it must acquire go away (permission) first.
Article 48 (1)(e) of the Federal Structure stipulates that an individual is disqualified from being a member of both home of Parliament if he has been convicted of an offence by a courtroom of regulation within the Federation and sentenced to imprisonment for a time period of not lower than one yr, or to a fantastic not lower than RM2,000, and has not obtained a free pardon.
Disqualification may be eliminated by pardon
Malik mentioned the disqualification of a Member of Parliament or state assemblyman could also be eliminated by the Yang di Pertuan Agong or the ruler below Article 48 (3), and this may be carried out by submitting a petition for a pardon below Article 42.
“If a petition for a pardon is filed throughout the interval of 14 days from the date of the conviction and sentence, or after the disposal of any attraction or courtroom continuing introduced in respect of the conviction and sentence, the disqualification takes impact solely upon the petition being disposed of, below Article 48(4)(c).
“The issues above don’t apply as acknowledged in Article 48 (5) for the aim of nomination, election or appointment of any individual to both home of Parliament (or the State Legislative Meeting), for which goal the disqualification shall take impact instantly upon the conviction and sentence. In different phrases, Najib will not be capable to stand for the election [as a result of this],” the senior counsel added.
Lawyer New Sin Yew shared an analogous view in a tweet, saying Najib’s standing stays intact for the following 14 days.
“If there is no such thing as a petition for a pardon throughout the subsequent 14 days, then he can be disqualified. If Najib applies for a pardon, he’ll stay as an MP till and until the pardon is denied,” New tweeted on Tuesday.
Usually, clemency or pardons must be determined by the Pardons Board as stipulated in Article 42 (5), and within the case of the Federal Territory, it consists of the Yang di Pertuan Agong, the Legal professional Basic, the prime minister and three different members appointed by the ruler, who would sit and determine on a case-to-case foundation.
Nevertheless, it’s to be famous that moreover the SRC case, through which Najib has already been convicted and sentenced, the previous prime minister and ex-finance minister is going through ongoing trials with regard to the 1Malaysia Growth Bhd (1MDB)-Tanore case and the 1MDB audit report tampering case.
He additionally faces two different trials, which have but to start, particularly the RM27 million SRC money-laundering case and 6 counts of legal breach of belief involving RM6.6 billion of presidency funds following funds to the Abu Dhabi-based Worldwide Petroleum Funding Firm.