In dismissing his application, Loke ruled that an additional order issued by the then Yang di-Pertuan Agong was not valid and cannot be enforced as the King cannot decide independently of the Pardons Board.
Although the Ruler has the prerogative to exercise mercy, she continued, the act must be within the constraint of the Federal Constitution, particularly Article 42 on the power of pardons. There was also no precedence for the order contained in what is now known as the royal addendum.
"It significantly alters the nature of the imprisonment term and ought to be deliberated at the Pardons Board meeting," she said.
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Datuk Mohamad Nizar Najib (left photo), son of Najib, with supporters of the former prime minister. Tan Sri Nazir Razak (fourth left in the right photo), who is Najib's brother, was also present on Monday.
In 2024, the Pardons Board commuted his sentence for a case involving money laundering, criminal breach of trust and abuse of power to six years in prison and a reduced fine of RM50 million. His original punishment calls for 12 years of jail and a fine of RM210 million.
The apex court dismissed Najib's final appeal in the case in August 2022 and he will remain in Kajang Prison until August 2028 for misappropriating RM42 million from SRC.
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Al Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah of Pahang, who was then the 16th Yang di-Pertuan Agong, issued an additional order independent of the Pardons Board allowing Najib to serve the remainder of the reduced sentence under house arrest.
"Even discretionary prerogative power (of the Agong) can be subject to scrutiny by the court," Loke said in reading out the judgement over about an hour on Monday.
The addendum order, Loke noted, was not deliberated and not decided within the Pardons board meeting and is not considered a valid order. "The respondents have no duty to obey and enforce it,” she stressed.
Datin Seri Rosmah Mansor (left photo), wife of Najib, at the court complex. The right photo shows senior lawyer Tan Sri Muhammad Shafee Abdullah (centre) with the team representing Najib.
The judicial review was dismissed with no order as to costs.
Security at the court complex was also tighter than usual as about 150 people turned up in show of support. Najib’s family members, including his wife Datin Seri Rosmah Mansor and their son Datuk Mohamad Nizar Najib, were present at the court.
Edited by Jason Ng
