Akhtar Tahir says a royal pardon is 'an exercise of executive power by the monarch on advice' of the Pardons Board. FMTNews AnwarIbrahim AI
Akhtar Tahir says a royal pardon is 'an exercise of executive power by the monarch on advice' of the Pardons Board.
By-October 23, 2020 3:17 PMAnwar Ibrahim had filed an appeal to strike out a suit by a lawyer challenging his pardon in 2018.PETALING JAYA: The High Court has held that the granting of pardon to convicts in Malaysia is not the exclusive right of the Yang di-Pertuan Agong but an exercise of executive power by the monarch on advice.
Judge Akhtar Tahir said this principle was recognised in the Supreme Court case of Superintendent of Pudu Prison vs Sim Kie Chon (1986).“However, in the same case, the ruling that the granting of pardon is a ‘royal prerogative of mercy’ is erroneous,” Akhtar said in a written judgment.
Last month, the judge refused an application by the government and Anwar Ibrahim to strike out a lawsuit filed against them by lawyer Mohd Khairul Azam Abdul Aziz over Anwar’s pardon in 2018.In his 16-page judgment, Akhtar said the King’s exercise of discretion on the appointment of the prime minister might not be justiciable (challenged in the court).
“However, on matters of pardon, where the Yang di-Pertuan Agong acts on advice of the Pardons Board (and) the attorney-general (AG), this power is justiciable,” he said.Akhtar said the granting of clemency in Malaysia could not be equated to that of England.
“The granting of pardon cannot be ruled as not justiciable just because it is exercised by the august and high office of the Yang di-Pertuan Agong,” he said, adding it would be a dereliction of duty by the court under the Federal Constitution for refusing to hear the matter.
The judge has fixed three days from March 24 to hear the case.Anwar has filed an appeal and the Court of Appeal will hear the matter on Jan 11.Khairul is seeking a declaration that the pardon given to Anwar is not in accordance with the law as the Federal Territories Pardons Board was not legally constituted.
Akhtar ruled that Khairul had the legal standing to bring the action as “he is a lawyer and therefore has higher right than an ordinary member of the public to question the board”.The judge said the Federal Territories Pardons Board was legally constituted but the role of then attorney-general Mohamed Apandi Ali, who was on garden leave, was questionable.
Akhtar said before tendering their advice on any matter, the Pardons Board shall consider any written opinion which the AG may have delivered thereon.“The question arises whether there was a written opinion given by the AG in this case. Was he allowed to give a written opinion? Can this giving of written opinion be delegated?” he said, adding that these were matters not addressed in the affidavits.
The judge said the question arose whether the executive could encroach into the power of the judiciary by setting aside the conviction of an accused after the full process of the law.In early 2015, the Federal Court affirmed Anwar’s five-year jail term over the charge of sodomising his aide, Mohd Saiful Bukhari Azlan.
Anwar told a press conference on May 16, 2018, that the King had granted him full pardon in his three trials – abuse of power, Sodomy 1 and Sodomy 2 – on the basis that there was a “miscarriage of justice”.He said the pardon was also on the basis that there was a conspiracy to condemn him and “assassinate” his political character.
Govt proposes allowing up to RM10k to be withdrawn from EPF
KUALA LUMPUR: The government has proposed allowing members to withdraw up to RM10,000 from Account 1 of their Employees Provident Fund (EPF), says the Finance Minister.
alamak! Tak sabar nak keluar penjara sampai mohon pengampunan. Jika ikut rule of law, mungkin berbeza kaedahnya.
Political ceasefire: Expected but the battle may not be overDoes Umno’s “ceasefire” against Perikatan Nasional mean game over for anwaribrahim? Or is this just a temporary truce between Umno & Bersatu? We analyse the implications of Umno's latest move. anwaribrahim The biggest and most important reform PH can take now is to replace Anwar with someone else as its leader. Anwar had been proven to be serial loser. PH will not take back Putrajaya with him leading. anwaribrahim Checkmate la anwaribrahim This question is irrelevant as PH should not be dealing with corrupts like Zahid and Najib! This will destroy whatever goodwill left of PH especially DAP! PH should focus on winning PRU15, not on short term I have numbers thing!
Underemployment, not unemployment, the key, say economistsThey warn that damage to the labour market by Covid-19 is underplayed when unemployment is the sole indicator. FMTNews Workers
‘Not even the pandemic’ will stop Colombia protests, leaders say | Malay MailBOGOTA, Oct 21 — Thousands of union members, teachers, students and indigenous people are set to participate in a national strike in Colombia today to protest the social and economic policies of President Ivan Duque, the killing of human rights activists and recent police violence. The marches...
YOURSAY | Khairuddin gets off - why are we not surprised‘To all shocked and scandalised M’sians, a word of advice: keep your expectations low…’ Cari modai lainlah...kes dah selesai It’s unacceptable. Nepotism & Cronyism must be rejected for sarasaralol country to move forward. kawan tolong kawan
MCA Youth criticises decision not to charge Khairuddin | New Straits TimesKUALA LUMPUR: The decision by the Attorney General’s Chambers to not prefer any charge against Datuk Dr Mohd Khairuddin Aman Razali only feeds speculation that there are double standards in law enforcement, said MCA Youth deputy chairman Tan Chee Hiong. What evidence you need ? Why MCA youth so kepoci one❓You dont like.. Ask your boss to get out of PN laa... 🙄 That depends whether they cooperate with the police or not. Use your head la.
Only industries, civil service affected by work-from-home order, others not involved: IsmailInformal sectors including retail, food, agriculture and convenience shops can operate as usual, minister says.