THERE must be good reason to seek a pardon for Najib Razak, lawyer Mohamed Haniff Kathri Abdulla said.

He said this in reference to Umno’s decision to apply to the Yang di-Pertuan Agong for a royal pardon for the former prime minister.

The application is based on the Malaysian Anti-Corruption Commission’s findings of a conflict of interest involving the High Court judge who presided over Najib’s corruption trial.

Haniff said the matter of judge Nazlan Ghazali’s alleged conflict of interest and the MACC investigation into the judge must be approached with caution.

He noted the MACC has no power to investigate a judge for breaching judicial ethics.

“This includes the letter from Azalina Othman, law minister and an Umno member, to Najib Razak’s lawyer that the MACC found has Justice Nazlan to be guilty of a conflict of interest,” said Haniff

“Was this done to create a basis for the royal pardon? If so, it is wrong. It could be construed as abuse of power and contempt of court.”

Earlier this week, Umno secretary-general Asyraf Wajdi Dusuki said the party would seek an audience with the Agong to make the case for Najib to receive a royal pardon.

He said the party would present a memorandum to the king.

Last week, the Federal Court rejected Najib’s bid for a review of its decision to uphold his conviction and 12-year jail sentence and fine for corruption.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, who chaired the five-judge bench, was the sole judge who dissented with the decision.

Last week’s decision was an endorsement of the August 2022 decision of the Federal Court panel chaired by Chief Justice Tengku Maimun Tuan Mat, which had ordered Najib to begin serving his sentence.

In July 2020, High Court judge Nazlan found Najib guilty of criminal breach of trust, money laundering, and power abuse in connection with RM42 million of former 1MDB subsidiary, SRC International’s money.

Following an investigation, MACC revealed that Nazlan had a conflict of interest in the SRC International trial. Based on the MACC findings released in February, de factor law minister Azalina said Nazlan had violated the judges’ code of ethics. 

Prior to this, a letter, purportedly from MACC chief Azam Baki to chief justice Tengku Maimun, was shared on social media. The letter, dated February 20, stated that MACC had found “issues of wrongdoing” by Nazlan that the chief justice “needed to consider”.

Haniff said anyone can present a petition objecting to a pardon FOR Najib.

“There is no reason to stop any Malaysians from objecting to the petition and it can also be addressed to the king.

“Whether the petition to pardon Najib is accepted or not, it is at the discretion of the king. 

“The king has the final say but he will be assisted by the pardons board,” he said. – April 9, 2023.