Lead counsel Tan Sri Muhammad Shafee Abdullah's question came up following an article titled "Malaysia set to decide on jailed former PM Najib's high-stakes bid for royal pardon" published by the media outlet today.
In a statement, he said the writer indicated that the Pardon's Board had met last December about the matter of the petition for pardon for the former premier, but apparently, the matter was deferred to this month for the Pardons board to reconvene.
"The sitting of every Pardons Board is conducted at high-level secrecy. Neither the names of the variable members of the Pardons Board nor the dates of their assembly are publicised.
"The permanent members of the Pardons Board are the Yang di-Pertuan Agong himself, the Minister of Federal Territories (in the case of the Federal Territories Pardons matter) and the Attorney-General.
"The names of the variable members are always kept secret and never disclosed. It is obvious therefore, if the Pardons Board were to assemble to consider Najib's application for his pardon, the matter would be undertaken in secrecy as it is governed by the Official Secrets Act 1972," he said.
Muhammad Shafee said the legal team, as lawyers of Najib, who are involved in the petition for his pardon have never been informed of the steps taken by the Pardons Board, if any, about their client's petition for pardon.
"We are therefore left dumbfounded as to how the particular agency has speculated this unfounded news. We do not know who the unnamed sources that the agency and the writer had relied on for such a sensational story that has preoccupied the public and other press this morning.
"As lawyers, we are more anxious about our client's position considering his sole ground for his request for pardon was on the basis that he had never received a fair trial, especially in the final leg of his appeal at the Federal Court," he said.
The counsel said they were indeed baffled as to how the agency through their reporter was able to provide such spectacular "news" in their article pertaining to the status of Najib's pardon petition.
In the statement, Muhammad Shafee also reminded the press and members of the public that under Article 42 of the Federal Constitution, the Power of Pardon in this case is a prerogative power of the Yang di-Pertuan Agong, unbridled, unfettered, and absolute in nature.
"It is therefore disrespectful to second guess the activities of the Pardons Board, whose nature of work must be undertaken in absolute secrecy for it to be effective in providing advice to the Yang di-Pertuan Agong.
"Breaches of this confidentiality and secrecy arguably can infringe the Official Secrets Act 1972 with the accompanying range of punishments prescribed therein," he said.
Najib, 70, is currently serving his 12 years jail sentence in Kajang Prison after the Federal Court had last Aug 23 upheld his conviction and 12-year jail term and a fine of RM210 million after being found guilty of misappropriating SRC International Sdn Bhd funds amounting to RM42 million.
-- BERNAMA
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