Agong has last word on Anwar’s pardon, say lawyers
KUALA LUMPUR, Feb 27 — Yang di-Pertuan Agong Tuanku Abdul Halim Mu’adzam Shah is the final arbiter of Opposition Leader Datuk Seri Anwar Ibrahim’s petition for a royal pardon, criminal lawyers have said.
Although Anwar’s appeal will technically be decided by the Federal Territories Pardon Board, Tuanku Abdul Halim will be the one who decides whether or not the petition is granted.
“(T)he other members of the (pardons) board serve a more advisory role,” lawyer Rajpal Singh, a former Bar Council Criminal Practice Committee chairman, told Malay Mail Online.
Apart from the ruler, the pardons board includes Attorney General Tan Sri Abdul Gani Patail, Federal Territories Minister Datuk Seri Tengku Adnan Mansor, and three other members appointed by the Agong on the recommendation of the Prime Minister Datuk Seri Najib Razak.
“That is his prerogative,” criminal lawyer Amer Hamzah Arshad said, agreeing that a pardon was granted at His Majesty’s pleasure.
Another aspect that was at the ruler’s discretion was when the pardon board will convene.
Although Anwar’s family have filed the petition with Istana Negara, there is no set time for when the application must be heard.
The petition may be decided in a matter of days, but could also remain unheard for years
“I really can’t say how long,” Amer told Malay Mail Online.
Anwar’s family members made submission for a royal pardon at Istana Negara on Tuesday, despite his lawyers initially denying that he will do so before he was disqualified as a result of his conviction.
Although rare, there have been instances when royal pardons were granted to politicians both past and present.
The most regularly cited case is that of former youth and sports minister Datuk Mokhtar Hashim, who was pardoned in 1991 after being sentenced to death for the 1982 murder of then Negri Sembilan Speaker .Datuk Mohd Taha Talib.
Former Selangor Mentri Besar Datuk Seri Harun Idris similarly received a royal pardon in 1981 after being found guilty of multiple counts of corruption from 1975 to 1977.
More closely related to Anwar’s situation, DAP parliamentary leader Lim Kit Siang was granted a royal pardon in 1969 that allowed him to remain Bandar Melaka MP after a technicality had voided the result of his election.
Lim’s son and current Penang chief minister, Lim Guan Eng, did not share the same success in seeking a royal pardon, with then Agong Tuanku Jaafar rejecting his petition to be pardoned of his sedition conviction in 1998.
On February 10, the Federal Court upheld the Court of Appeal’s 2014 ruling that reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan, and sentenced the Permatang Pauh lawmaker to five years’ jail.
Anwar remains MP and federal opposition leader until his petition is decided as provided for under Article 42 (4)(C) of the Federal Constitution.
- See more at: http://www.themalaymailonline.com/m...nwars-pardon-say-lawyers#sthash.ojAqbzYd.dpuf
KUALA LUMPUR, Feb 27 — Yang di-Pertuan Agong Tuanku Abdul Halim Mu’adzam Shah is the final arbiter of Opposition Leader Datuk Seri Anwar Ibrahim’s petition for a royal pardon, criminal lawyers have said.
Although Anwar’s appeal will technically be decided by the Federal Territories Pardon Board, Tuanku Abdul Halim will be the one who decides whether or not the petition is granted.
“(T)he other members of the (pardons) board serve a more advisory role,” lawyer Rajpal Singh, a former Bar Council Criminal Practice Committee chairman, told Malay Mail Online.
Apart from the ruler, the pardons board includes Attorney General Tan Sri Abdul Gani Patail, Federal Territories Minister Datuk Seri Tengku Adnan Mansor, and three other members appointed by the Agong on the recommendation of the Prime Minister Datuk Seri Najib Razak.
“That is his prerogative,” criminal lawyer Amer Hamzah Arshad said, agreeing that a pardon was granted at His Majesty’s pleasure.
Another aspect that was at the ruler’s discretion was when the pardon board will convene.
Although Anwar’s family have filed the petition with Istana Negara, there is no set time for when the application must be heard.
The petition may be decided in a matter of days, but could also remain unheard for years
“I really can’t say how long,” Amer told Malay Mail Online.
Anwar’s family members made submission for a royal pardon at Istana Negara on Tuesday, despite his lawyers initially denying that he will do so before he was disqualified as a result of his conviction.
Although rare, there have been instances when royal pardons were granted to politicians both past and present.
The most regularly cited case is that of former youth and sports minister Datuk Mokhtar Hashim, who was pardoned in 1991 after being sentenced to death for the 1982 murder of then Negri Sembilan Speaker .Datuk Mohd Taha Talib.
Former Selangor Mentri Besar Datuk Seri Harun Idris similarly received a royal pardon in 1981 after being found guilty of multiple counts of corruption from 1975 to 1977.
More closely related to Anwar’s situation, DAP parliamentary leader Lim Kit Siang was granted a royal pardon in 1969 that allowed him to remain Bandar Melaka MP after a technicality had voided the result of his election.
Lim’s son and current Penang chief minister, Lim Guan Eng, did not share the same success in seeking a royal pardon, with then Agong Tuanku Jaafar rejecting his petition to be pardoned of his sedition conviction in 1998.
On February 10, the Federal Court upheld the Court of Appeal’s 2014 ruling that reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan, and sentenced the Permatang Pauh lawmaker to five years’ jail.
Anwar remains MP and federal opposition leader until his petition is decided as provided for under Article 42 (4)(C) of the Federal Constitution.
- See more at: http://www.themalaymailonline.com/m...nwars-pardon-say-lawyers#sthash.ojAqbzYd.dpuf
