Tan Sri Azhar Harun (Art Harun) said that the uniqueness of this case may prompt discussions on legal reforms and the need for more streamlined processes in the Malaysian judicial system to prevent similar situations in the future.
PUTRAJAYA – Malaysia’s appeals court, in granting a bid by former Prime Minister Najib Razak to see a document he said should allow him to serve his sentence at home, brings to light the fact that the legal process has been unnecessarily prolonged, with discussions about how Najib could have been home a year earlier had the process been more efficient, said former Speaker of the Dewan Rakyat and renowned constitutional law expert, Tan Sri Azhar Harun (Art Harun) today.
Commenting on the 2-1 ruling by a three-member bench today to grant Najib’s appeal to use the decree to argue his case before the High Court on 13 January, Art Harun said that the former Premier has legitimate expectations regarding the outcome of his petition, and it is noted that it took almost a year for him to receive a formal decision from the court.
“The situation is unprecedented and it may be the first time such a scenario has occurred in Malaysia or even globally.”
Art Harun: Among Global Cases, This Is Still Unique
Art said that having learnt from global cases and the learning derived from various Commonwealth countries, the current situation is unique and not found in other jurisdictions.
The confirmation of the Addendum of the Royal Decree and the subsequent court decisions highlight significant legal implications and the need for clarity in communication regarding legal outcomes, especially concerning pardon applications.
The three-judge panel of the Court of Appeal, in a split 2-1 decision, ordered the Kuala Lumpur High Court to hear the merits of the case. The lower court had in July 2024 dismissed Najib’s application to commence a judicial review to compel the government to reply on or confirm the existence of the royal order from the King for his house arrest.
Justice Mohd Firuz Jaffril, in reading the majority ruling, said there was no rebuttal from the respondents, which include the Malaysian government and the Pardons Board, challenging the existence of the alleged royal addendum dated Jan 29, 2024.
“The fact that there is no rebuttal evidence from the respondents challenging the existence (of the addendum)… is rather compelling,” he said. “This court cannot simply ignore the existence of the order by the (King).”
A Crime
Najib’s lawyer, Tan Sri Shafee Abdullah told a press conference later that hiding the decree is a crime and that the perpetrator needs to be punished.
“A letter from the Pahang Royal Council confirmed to the Court of Appeal that there is a decree allowing Datuk Seri Najib Razak to serve the remainder of his prison sentence under house arrest. This decree is not just hearsay.”
Shafee questioned who has been hiding the decree from the 16th Yang di-Pertuan Agong for the past year. He emphasised that honesty is the cornerstone of governance, but in this case, transparency is lacking.
The letter stated that the Sultan of Pahang, as the 16th Yang di-Pertuan Agong, decreed on January 29, 2024, that Najib should serve the remainder of his sentence under house arrest.
Shafee mentioned that Najib expressed relief putting up the two thumbs up sign after the Court of Appeal’s 2-1 decision to return his case to the High Court. – NMH
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
Facebook Comments
Facebook Comments