A PARDON for jailed former prime minister Najib Razak is not legally possible at this time, according to former attorney-general Tommy Thomas.

Speaking to Malaysiakini, Thomas said that there are certain criteria to be met before a convict obtains a pardon and among those is not having any other criminal cases pending.

He said that Najib, the MP for Pekan, fails to meet this criterion because he has four more cases in the judicial process.

“If you are a convict, and you apply, you cannot have other criminal cases,” Thomas said to the news portal.

“In Najib’s case, he has four other pending cases, two of which are advanced. The audit trial is nearly complete, while the prosecution’s case in the (1Malaysia Development Berhad) Tanore trial has crossed the halfway line.

“The other two have not started,” he said, referring to a RM27 million money laundering case, again involving SRC International, plus and one more for criminal breach of trust relating to RM6.6 million disappearing from International Petroleum Investment Co (Ipic) accounts.

“In all these cases, the prosecution has a very strong case. I expect the defence to be called. I expect Najib to be convicted.

“Therefore, you cannot be entertaining a pardon for offence number one when you have the other four pending.

“It is not legally possible for him to put forward his application now. He does not pass muster to even submit an application at the present time,” the former AG added.

Two weeks ago, the Federal Court quashed Najib’s appeal against his conviction and sentence in the SRC International case.  

In a unanimous decision, the apex court ordered the Pekan MP to start his 12-year prison sentence immediately.

Najib has been in Kajang Prison since August 23.

Earlier this week, Dewan Rakyat Speaker Azhar Azizan Harun confirmed Najib had applied to Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah for a pardon.

Azhar said Najib filed for a pardon on Friday, which is within the statutory 14-day period following the Federal Court ruling.

Najib’s lawyers have also filed for an application to review the federal court ruling.

Further explaining how the pardon application process works, Thomas said Najib has to serve his time in prison and wait for his time to apply for a pardon.

Thomas said that the pardon in Malaysia is set out in article 42 of the Federal Constitution and it is perilous to compare it to other countries, as it is a unique Malaysian mechanism.

“There is a pardons board in every state and the respective rulers are the chair in their state. We need only focus on the Federal Territories (FT) because the relevant court is the Jalan Duta Court.

“The FT Pardons Board is chaired by the king, joined by the FT minister, the AG and three or four members of civil society.

“Basically, everyone convicted by the court in Kuala Lumpur and applying for a pardon must appear before the Kuala Lumpur Pardons Board.

“There are some 50,000 convicted prisoners in our penal system. All of them are entitled to apply for pardon, under article 42.

“However, there are practical problems. If the entire prison population were to apply, the pardons board would collapse, so there has been a process built over the decades since independence.

“Essentially, you have to serve one-third of your sentence before you are eligible to apply,” he explained.

However, Thomas said it is more of a convention, rather than a stipulation in the constitution, otherwise there would be too many applications.

He said every prisoner needs to be treated equally.

“The FT Pardons Board meets three or four times a year, traditionally. Each time they sit, they consider about 10 applications.

“For example, in a typical year they have 50 applications.

“The first problem (you overcome) is how do you become one of the 50. You can’t jump the queue.

“Najib has to wait his turn, otherwise you are unfair to other prisoners, who have been waiting for years before submitting their applications,” he said.

Next, Thomas said, when the Pardons Board meets the convicts must prove that they have reformed during their time served.

“All convicts would say that they have reformed. The convict’s statement carries no weight because it is self-serving.

“It must be backed by the parole officer, prison officers, hospital staff and many other independent sources. The more references you get, the better your case.

“All the references must point to the fact that you have reformed,” he said.

Thomas added that the claims of reform have to be backed up with documents and proof.

“In each case, you must show reform and contrition.

“(The convict) often shows that they performed extra work, that they helped in the kitchen of the prison, they did charity, they worked in the garden, they helped other fellow prisoners, they took steps to reform and it was attested by others. By definition, that means a substantial period of time in prison,” he said.

When asked if the king can grant a pardon without the Pardons Board’s approval, Thomas simply said no.

“His Majesty sits on the Pardons Board. He always chairs it. The procedure is set out in detail in article 42,” he said. – September 8, 2022.