DATUK Seri Najib Razak will remain as the Pekan MP after the former prime minister filed a petition for a royal pardon over his SRC International corruption conviction in time.
This was confirmed by Dewan Rakyat speaker Tan Sri Azhar Azizan Harun in a statement today ahead of the 14-day grace period ending tomorrow (Sept 6).
Azhar said he had received a copy of Najib’s royal pardon application and the criminal order for Najib’s appeal in his SRC International case at the Federal Court, which was rejected last month.
On Aug 23, the Federal Court rejected Najib’s final appeal in his SRC International RM42 mil corruption case and upheld his seven charges of power abuse, criminal breach of trust and money laundering, RM210 mil fine and 12-year jail sentence.
The UMNO lawmaker is currently serving time in the Kajang Prison.
Azhar noted that as per Article 48(1)(e) of the Federal Constitution, a person is disqualified for being a member of either house of Parliament if they have been convicted of an offence and sentenced to imprisonment for a term of not less than one year or a fine of not less than RM2,000, and has not received a free pardon.
However, he pointed out that the constitution also stipulates that if a pardon for a petition was filed within 14 days of the date of conviction, then the disqualification of their seat will only come into effect as soon as the petition is disposed of.
“Therefore, considering that the petition application was filed by Najib under Article 42 of the constitution on Sept 2, 2022 – within 14 days from the Federal Court’s decision – he will only lose his eligibility as an MP when the petition is disposed of (if it is rejected).
“This means Najib’s status as Pekan MP remains unchanged at this time and will only be finalised when the pardon petition is disposed of,” Azhar added.
Najib is believed to have applied for a royal pardon from Yang di-Pertuan Agong Sultan Abdullah Ahmad Shah as the King has the power to grant pardons for offences committed in the federal territories of Kuala Lumpur, Labuan and Putrajaya.
It was the Kuala Lumpur High Court that heard Najib’s SRC International case when it started four years ago and whose eventual ruling was subsequently upheld by the Court of Appeal and Federal Court.
Najib’s wife, Datin Seri Rosmah Mansor, meanwhile, has since been fined RM970 mil over her RM1.25 bil solar power corruption case and sentenced to 10 years in jail.
However, the self-described former first lady did not go to jail as the court allowed her application to suspend the prison sentence and payment of the fine until her appeal against the ruling is disposed of. – Sept 5, 2022
