Malaysian Bar to Challenge Najib’s Second Pardon, Demands Declassification of Minutes

KUALA LUMPUR, Sept 25 — The Malaysian Bar has announced that it will initiate legal proceedings to challenge the decision and advice of the Pardons Board regarding a second pardon for former prime minister Datuk Seri Najib Razak.

Malaysian Bar President Anand Raj confirmed that the legal body will challenge the latest decision through its solicitors while maintaining its ongoing appeal in relation to the Pardons Board’s decision on Najib’s first pardon.

In a press release issued today, Anand emphasized that granting a pardon, reprieve, or respite under Article 42 of the Federal Constitution does not constitute an exoneration of guilt or a removal of wrongdoing. He stated that such constitutional provisions do not wipe the slate clean of a prior conviction.

Aligning with calls from civil society groups and prominent individuals, including Datuk Ambiga Sreenevasan and Maria Chin Abdullah, the Malaysian Bar urged the Pardons Board and the Prime Minister’s Department to exercise greater transparency. The Bar specifically demanded that authorities declassify and publish the official minutes of the Pardons Board meetings concerning both of Najib’s pardon decisions. Furthermore, the Bar called for full public disclosure of all proposed conditions attached to any potential house arrest, including monitoring protocols, enforcement authorities, and additional financial costs to taxpayers.

Anand noted that these developments further underscore the urgent need for a statutory Freedom of Information (FOI) framework to guarantee public access to crucial governance information.

Addressing ongoing discussions surrounding a proposed house arrest mechanism, the Bar highlighted that there are currently no standard operating procedures, guidelines, or formal legal frameworks governing house arrest in Malaysia. The statement reiterated that previous cases, such as Kenneth Lee Fook Mun’s release under licence, do not constitute a binding legal precedent or an established framework for house arrest.

Furthermore, the Bar raised concerns regarding UMNO’s proposed RM50 million fundraiser intended to cover Najib’s fine. The Bar pointed out that substantial assets—including RM114.16 million in cash returned in June 2021 and thousands of seized luxury items—have already been returned following the dismissal of forfeiture applications. Given the earlier return of funds to Najib’s representative, the Bar questioned why UMNO needs to raise funds from the public, noting that available un-frozen assets appear sufficient to cover the reduced RM50 million fine without requiring public contributions.

Anand warned that without clear and objective criteria made known in advance, preferential treatment risks eroding public confidence in constitutional equality before the law as enshrined under Article 8(1) of the Federal Constitution.

–NMT