The full text essay for this video is at: https://www.gkg.legal/will-najib-rece…
Will ex-Malaysian PM Najib receive a royal pardon? Consider several points:
(1).the Legal principles involved in granting a pardon;
(2).the legal effect of a pardon; and (3).the factors for and against the grant of a pardon.
What is a ‘free pardon’? To escape the clutches of his conviction, and to stand for elections, Najib must obtain an unconditional pardon. A ‘free’ pardon is one without conditions.
What is the legal effect of a pardon? A pardon is not an acquittal.
If Najib receives an ‘unconditional’ pardon, his entire punishment is wiped out. But the conviction stays. The Pardons Board Najib’s petition for a ‘free pardon’ will be addressed to the King. But the decision will be made by the Pardons Board, whose advice the King must accept.
Who controls the Pardons Board? The Pardons Board comprises the Attorney General, the Federal Territories Minister, and three members ‘appointed’ by the King. In the end, the King will accept the advice of the Cabinet, which has control over the minister, the AG, and these members.
Therefore this is an exercise of Government power. How would the Pardon’s Board exercise its discretion? The grant of a pardon is discretionary.
The decision to grant – or refuse – a pardon must be made on rational grounds. What legal rules apply in granting or withholding of a pardon? Malaysia has no such laws on when a pardon should be granted. So we have to fall back on common law.
The Pardons Board considers each case by looking at all the facts of the case; even non-legal points.
[a].To obtain a pardon, the crime must be admitted. The essence of pardon is the forgiveness of a crime. Any protestation of innocence militates against a pardon.
[b].A ‘free’ or ‘unconditional’ pardon will only be granted if there is a ‘moral’ or ‘technical innocence’ of the convict.
Factors that might support Najib’s application for pardon
 Najib’s father has been a popular Prime Minister. The Razak pedigree, it will be argued, might be of some assistance.
 Because Najib was PM before his conviction, he had rendered ‘national service’.
 Because, he is an Orang Besar (an aristocrat?) of the Pahang State, a pardon is, strangely, said to be ‘more likely’.
 Because he is a member of UMNO, he was a defender of the Malay race and therefore can be let off the hook.
Points which weigh against Najib
1]. Several other cases are still pending against Najib.
.The nature of the offences: corruption of state monies.
.The sums involved ran into the billions of US dollars.
.There has been a complete denial of any knowledge of the fate of the monies over which he was charged.
. Najib has shown no remorse
.His behaviour, before his arrest. Najib used his powers to block investigations into his crimes.
.During the prosecution, Najib’s defence strategy was to attack all the judges.
.His open defiance of the judiciary. He allowed his party members to maul the judiciary. Not once did Najib publicly denounce these tactics.
.After his final appeal failed, he was, and continues to be, given ‘special’ treatment.
.Najib is a source of grave national embarrassment.
Conclusion If the Pardons Board advises the King to grant even a conditional pardon to Najib, the Board will set a precedent for crooks and thieves. It will create extreme public discontent and dismay
What will the King do?
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