00:00The Malaysian Bar's bid to challenge the Federal Territory's
00:05Pardons Board's decision to reduce Datuk Srinajib Razak's sentence
00:09in the SRC International case has been dismissed.
00:12The Bar had sought permission to initiate judicial review proceedings
00:17against the decision. Justice Ahmad Kamal Madshahid
00:21ruled on Monday that the prerogative of mercy under Article 42
00:25of the Federal Constitution is the exclusive discretion
00:29of the Yang di-Pertuan Agong, not the FT Pardons Board.
00:34As such, the Board's decision is not subject to judicial review.
00:38The Bar argued that it was not contesting the Yang di-Pertuan Agong's prerogative,
00:43but was instead legally challenging the advice given by the FT Pardons Board.
00:48However, Justice Ahmad Kamal ruled that the Bar's attempt to separate
00:52the Board's advice from the Agong's decision was fundamentally flawed,
00:57and thus could not be subject to legal challenge.
01:00Lawyer Datuk Zainur Zakaria, representing the Bar,
01:04told reporters that they would consult with their client on a possible appeal.
01:09Senior Federal Counsel Ahmad Hanir Hambali represented the Attorney General,
01:14while lawyers Mohamed Farhan Mohamed Shafi and Wan Mohamed Arfan Wan Othman
01:21represented Najib.
01:24The Bar had filed its application on April 26, naming the FT Pardons Board
01:29and Najib as the first and second respondents, respectively.
01:34According to court documents, the Bar is seeking a declaration
01:38that the January 29 decision to reduce Najib's sentence by 50%,
01:43allowing his early release by August 23, 2028,
01:47and lowering his 210 million ringgit fine to 50 million ringgit,
01:52or a year in jail if unpaid, was unlawful, unconstitutional, and void.
01:58The Bar also requested a certiorari order to overturn these decisions.
02:03Seventy-year-old Najib has been serving his sentence in Kajang Prison
02:07since August 23, 2022, following his conviction in the SRC International case.
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