00:00Today, we had a decision by the High Court Judge, Puan Alice Loh.
00:09We are disappointed. We are disappointed over several issues which are so critical
00:17that we thought she did not analyse it properly. This is our view.
00:23This is our view. Today's decision has taken away the fullest prerogative of mercy
00:31of not only the young Deputuan Agong but the Malay rulers and governors.
00:39This decision has taken away that wide latitude given to the young Deputuan Agong and the Malay rulers
00:49because today's decision said, in short, we make the conclusion that the young Deputuan Agong
00:58cannot make the decision about pardon unless he makes that decision with the pardon's board.
01:07That means he must be sitting with the pardon's board and then makes the decision.
01:11Whereas we know that in practice, the Malay rulers in the states as well as young Deputuan Agong
01:21is only obligated to be with the pardon's board to discuss about the matters of pardon of certain individuals.
01:32Now, after he discuss it or after the pardon's board has given their opinion, what the young Deputuan Agong
01:41need to do is he need not have to decide in the pardon's board. He doesn't have to.
01:48There's never been any case that say that he has to announce it at the pardon's board.
01:53But he needs only to discuss with the pardon's board.
01:57Now, today's decision seems to suggest that every decision pertaining to pardon must be made
02:06within the pardon's board.
02:09Now, that has taken away what the Agong and the Malay rulers have enjoyed the full discretion
02:16on matters of pardon.
02:19And this is serious. As you know, there were attempts by some politicians and Prime Minister
02:25to reduce the powers of the Malay rulers and the young Deputuan Agong many years ago.
02:33And I can tell you one of the powers of the Malay rulers and the young Deputuan Agong
02:38that has not been affected is the power of pardon.
02:43But today's decision has compromised it because it allows the powers of the young Deputuan Agong
02:52to be diluted because he needs to make his decision, apparently, within the confines of the
03:02pardon's board, which we think is completely untrue and incorrect.
03:06What will happen is there will be a floodgate of application to get to the bottom of what
03:13happened in the pardon's board.
03:16Because dalam case ni, this is the first case and it is done by the Attorney General himself
03:22to let parties see what actually is being discussed in the pardon's board.
03:29Never before in the history that this is done.
03:32Why is this not done? It's because we have got a series of federal court cases.
03:40Bukan satu, bukan dua, but I think at least seven.
03:44But if I'm not mistaken, they're all together nine.
03:46With the latest being the decision pertaining to Dato' Sri Anwar Ibrahim punya decision.
03:52Where the court said, keputusan yang dipertuan agung dalam lembaga pengampunan
04:00ataupun keputusan yang dipertuan agung berkenaan dengan pengampunan
04:06tidak boleh disangkal, tidak boleh di-challenge.
04:11That means it is a power, power of mercy that is non-challengeable.
04:21Daripada dulu, tak boleh.
04:23Tetapi hari ni, keputusan mahkamah mengatakan,
04:27keputusan yang dipertuan agung, yang memberikan perintah addendum,
04:32boleh diketepikan sebab, dia kata, mengikut prosedur-prosedur dalam lembaga pengampunan,
04:39dan keputusan addendum itu adalah tidak dibuat semasa majlis pengampunan bermesyuarat.
04:49Jadi, ini adalah satu ruang yang agak ditendang buka dengan begitu luas
04:55yang akan menjejas kuasa-kuasa yang dipertuan agung dan raja-raja Melayu.
05:03Dan saya, dengan ini, meminta dan memohon kepada raja-raja Melayu
05:10yang dipertuan agung juga termasuk, dan juga governor-governor yang terbabit
05:16supaya mereka halusi keputusan hari ini because
05:21keputusan ini ada impak yang begitu besar
05:24terhadap kuasa raja-raja Melayu yang dipertuan agung
05:29dan governor-governor yang terbabit.
05:31This court decided that
05:35only the director general of prison
05:38can give the order for house imprisonment.
05:44This is shocking because
05:45under article 42, bracket 2, which she did not touch today,
05:50which we submitted a lot,
05:52what other federal authorities like the prison can do,
05:56the young dipertuan agung can do.
05:58I mean, the young dipertuan agung can do matters
06:01which relate to the issue of prisoners,
06:05which of course include matters like pardon, respite,
06:10and what they call it, reprieve, and so on and so on.
06:14So,
06:16keputusan hari ini seolah-olah menunjukkan
06:19the director general of prison
06:21has got more powers than the young dipertuan agung,
06:25which is turning logic upside down.
06:28So, it is an important decision for us to take it up for appeal.
06:32What is the next course of action?
06:36We are appealing.
06:37Yeah, we have asked for an early judgment
06:40to be formalized,
06:42the written judgment,
06:43and the record of appeal
06:44to be quickly prepared
06:45so that we move it to the court of appeal
06:47and of course, after that,
06:49move it to the federal court,
06:51which I think will be necessary.
06:53Of course, he is very disappointed.
06:58Reason why he is disappointed,
07:01the putusan addendum was on 29 January 2024.
07:05He is going to be what?
07:07How many years?
07:07Two years?
07:08Two years.
07:09It is two years.
07:11Now, this is rentah agung.
07:13You delayed it for two years.
07:15It is very important.
07:16The judge did not deal with this matter.
07:23What other ways?
07:27Break from the prison.
07:30There is no other way.
07:31You go and appeal.
07:34Yeah, and of course,
07:35you can do another pardon request
07:37and you can do other processes
07:40under Section 43 of the prison debt,
07:44which includes issues of,
07:47what do you call that process?
07:49No, no, no.
07:50On parole, releasing on license,
07:54for instance,
07:55because she said now,
07:56it's the DG power, nobody else's.
07:58Not even the agung.
08:00Not even the minister.
08:02So we have to ask the DG.
08:03Now that the court has given the DG the sole power,
08:07we ask the DG whether he can give us the house arrest.
08:11So this sounds like my client didn't get a fair trial.
08:15Yes, sekarang ni.
08:21Sekarang ni, yes.
08:22Okay, berapa sehingga tahun?
08:24And are there cases like that?
08:26No, no, you're complicating it.
08:29You must take one by one.
08:31SRC, I think dia bagi tarikh dia tu.
08:34The reduction or something.
08:35Dia bagi tarikh, I think 20, 28.
08:36Ha, dia bagi.
08:39Tetapi ini tak termasuk what they call remission.
08:44Automatic remission or wanted.
08:46Tak termasuk.
08:46Jadi, besar kemungkinan lebih awal.
08:50Okay.
08:50Case lain belum buat keputusan.
08:52Okay, anything else?
08:54If Sri Najib apply for payroll,
08:57since he already served half of his son,
08:59there's something in Japan to apply for payroll?
09:02There are other requirements,
09:04and we are not disclosing it at this moment.
09:07There are other requirements of payroll.
09:09You mean you're not disclosing
09:11whether you want to apply for payroll?
09:13No, no.
09:14I need to get full instruction from him
09:16so I can't be disclosing on my own
09:18what he wants.
09:19He has discussed,
09:25but he has not given instruction.
09:28Yes?
09:31Anything?
09:32Thank you very much.
09:33Okay, thank you.
09:36It was quite hot outside.
09:38I had to go inside.
09:39It was quite hot outside.
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