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19 Jan 2017
KUALA LUMPUR: The Court of Appeal has allowed Datuk Seri Anwar Ibrahim’s appeal to refer two questions of law relating to the Pardons Board’s decision-making process to the apex court for determination.
Court of Appeal judge Justice Rohana Yusuf, who chaired a three-man panel, said Anwar and his family met the requirement under Section 84 of the Courts of Judicature Act to refer those questions to the apex court.
“We find the High Court judge erred in exercising her discretion not to pose the questions (to the Federal Court to decide),” she said to a packed courtroom yesterday.
Anwar’s lead counsel N. Surendran had argued that the King’s decision on a royal pardon could not be reviewed but the decision-making of the Pardons Board can.
Justice Rohana also set aside the order of the High Court which refused Anwar’s application for leave to initiate judicial review proceedings, to compel the Pardons Board to review its decision not to grant him a royal pardon over his sodomy conviction.
She said the proceedings in the High Court would be stayed pending disposal of the referral on those questions of law by the apex court.
She set Feb 2 for mention at the High Court.
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18 Jan 2017
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Lawyers for LibertyCoA allowed Anwar‘s appeal & ordered case back to HC to refer question – “whether a Pardons Board decision can be challenged” to Fed Court.
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TODAYMalaysian court revives clemency option for jailed leader #Anwar http://bit.ly/2jy1vaj
KUALA LUMPUR – Malaysia’s jailed opposition leader Anwar Ibrahim scored a minor legal victory on Wednesday, as a court ruled that he can proceed with his bid to challenge the rejection of his petition for a royal pardon.
Anwar is seen as the biggest political threat to Prime Minister Najib Razak, who has been buffeted by allegations of graft and mismanagement mostly related to a multi-billion dollar scandal at state fund 1Malaysia Development Berhad (1MDB).
Anwar, a former deputy prime minister, has served nearly two years of a five-year sentence after the country’s highest court upheld a sodomy conviction in February 2015, a charge the charismatic leader and his supporters say was trumped up.
The Court of Appeal ruled on Wednesday that Anwar can ask the Federal Court to determine if he has the constitutional right to legally challenge the Pardons Board’s decision to reject his petition.
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Court says Anwar can challenge Pardons Board’s decision
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PUTRAJAYA: Anwar Ibrahim and his family members today won the right to appear before the Federal Court to determine whether the Pardons Board’s decision making process could be subjected to judicial scrutiny.
A three-man Court of Appeal bench led by Rohana Yusof said two questions of law posed by the appellants need to be argued before the apex court now, following an amendment to the Federal Constitution in 1994.
“We find the appellants had met the requirement under Section 84 of the Courts of Judicature Act 1964 to refer the questions before the Federal Court,” Rohana said of the unanimous ruling.
The bench then set aside the decision of the High Court last year to decline the appellants leave for judicial review and also its refusal to refer the questions straight to the Federal Court.
In accordance with procedure, the bench today sent back the matter to the High Court for case management on Feb 2.
The High Court will then prepare the necessary record before sending the case to the Federal Court.
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weehingthong 