Najib's Pardon(the addendum must be part of the Pardon, if it exist) - now that the Pahang Palace, on behalf of the former King, implies that it existed > the question is whether Prime Minister Anwar Ibrahim (a) Lied; (b) Choose not to listen to the King's orders; (c) ....
It is ODD, so very ODD, that PM Anwar to date has claimed that he 'does not know' - That position caused the whole issue to prolong - with some parties in Anwar's Cabinet taking the position that it existed > in fact, even submitting Affidavits that they heard it existed...
What exactly does Zahid and UMNO(or the remaining BN) want? Total Freedom for Najib or that Najib be placed under House Arrest for the remaining of his prison sentence?
JUSTICE for Najib >> what does this mean? Are some saying that Najib is totally innocent and his conviction/sentence is WRONG? Then, who is to be blamed for the proven SRC related crimes, or the 1MDB crimes that resulted in Malaysia losing BILLIONS of Ringgit?
Was Najib just a victim of a 'SCAM' - and thus should not be held liable for the LOSS or the Crimes? Was Najib an 'incompetent FOOL' that was conned by others?
The whole 1MDB Scandal - could not have happened without the ACTIONS(or omission) of the Prime Minister? of the Finance Minister? ....
The Prime Minister would have been a 'CHECK and Balance' - to prevent the Abuse of Power or Wrong Decisions(whilst being conned by others or not) - but this cannot happen when the Prime Minister and the Finance Minister is the SAME Person >>> that is why we were all for NO MORE the SAME PERSO being PM and Finance Minister > But after GE15, Anwar Ibrahim betrayed this and chose to be BOTH PM and Finance Minister, just like NAJIB. What Crimes will be we discover after Anwar has been ousted as PM?
The CABINET could have been the needed STOP mechanism of any ABUSE by any Minister, even the Prime Minister >> but what happened in Najib's Cabinet? Did Cabinet Members 'blindly' approve everything that the PM wanted? or everything that a particular Minister wanted? 'Was it the 'you scratch my back and I'll scratch yours' policy in Malaysian Cabinet? Thus, if, I, a Minister of such and such Ministry, comes to seek Cabinet approval, you will just approve it, and when you do the same, I will reciprocate.
In a Company - it is the BOARD of DIRECTORS that are duty bound to act for the BEST interest of the Company in accordance with LAW > so why did no Director of SRC, 1MDB, ... HIGHLIGHT the issue b4 it become a massive 'kleptocracy scandal' - and why have these Directors not been charged yet. [Or were these Directors just Directors in name - who did whatever the PM/Finance Minister wanted????] - That is why we need REAL Company Directors, not simply people being gifted with position/benefits/monies who may end up being 'seat warmers' who just vote as they are told - and not fulfilling the real role of Directors. [Even today, the LAW recognizes that Directors are liable for wrongs done by the Company, ...]
It is ODD, so very ODD, that PM Anwar to date has claimed that he 'does not know' -
Prime Minister Anwar Ibrahim has again refused to confirm or deny the existence of a royal addendum instructing authorities to allow Najib Razak to serve the remainder of his sentence at home, saying the directive could not be implemented due to the changing of the Yang di-Pertuan Agong.
"Why didn't we act? Because the Yang di-Pertuan Agong has been
replaced. Any action we take must go back to the Yang di-Pertuan Agong,"
he said during a debate on an addendum attached to Najib's partial
pardon earlier this year. - Malaysia Now,
Remember, that Anwar Ibrahim was part of the FT Pardon's Board even after Najib's Petition was submitted. Then, later when a new Minister responsible for FT was appointed on the advice of the Prime Minister, that Minister replaced Anwar on the pardon's Board.
The Attorney General, the 'de facto government's lawyer', chosen again on the advise of the Prime Minister is also on the Pardons Board.
The other 3 members of the Pardon Board - no clear provision as to HOW they are chosen and appointed. Most likely, persons on the advice of the PM. It is difficult to fathom how the King alone will choose and appoint.
Being Prime Minister, HE SHOULD REASONABLY KNOW THE full content/extend of the KING's Pardon. Note also that the KING Must Act on the ADVICE of the Pardons Board only. The King cannot unilaterally decide on PARDON. The Palace's recent statement confirms '...this is exercised with the advice of the board,...'
Any prisoner seeking clemency or a reduction in one’s sentence must submit an application to the Pardons Board for consideration, the National Palace said on Friday. The prerogative of the Yang di-Pertuan Agong to grant pardons, reprieve and respite for offences committed is exercised with the advice of the board, which is chaired by the king, the National Palace said in a statement. - Edge, 3/1/2025So, why is it so difficult for PM Anwar to confirm the contents of the King's Pardon. Was there an additional ADDENDUM or Not?
So, the BOARD knows...the King knows(who meets the PM regularly) - so, how come Prime Minister Anwar do not know about the PARDON contents???
Even when the issue of the alleged ADDENDUM came up - the Prime Minister should have put it to REST as he, the PM, most reasonably knows what was the PARDON - he could also find out from his Minister, the AG, etc..
Prime Minister Anwar Ibrahim has again refused to confirm or deny the existence of a royal addendum instructing authorities to allow Najib Razak to serve the remainder of his sentence at home, saying the directive could not be implemented due to the changing of the Yang di-Pertuan Agong. "Why didn't we act? Because the Yang di-Pertuan Agong has been replaced. Any action we take must go back to the Yang di-Pertuan Agong," he said during a debate on an addendum attached to Najib's partial pardon earlier this year. - Malaysia Now, 10/12/2024
Now, we have a alleged letter from the Pahang Palace, on behalf of the former King, stating that the said ADDENDUM exists - about house arrest for the remaining of the prison term. It would have settled matters if the said ADDENDUM Order was attached to the said letter (
'directive could not be implemented due to the changing of the Yang di-Pertuan Agong.' - Was there something that was wrong?
Was the so-called 'addendum' something that was not right or LEGAL - was it just a decision of the King, not acting on the advice of the Pardon's Board? Remember, the King MUST act on the advice of the Pardons Board - he cannot act on his own, against the advice of the Pardons Board...??
2nd possible problem with the 'addendum'(if existed), was that it was BEYOND the scope of pardon powers. Can PARDON POWERS include ordering that the convict spend remaining time in prison at HOME? If he was sick, asking that he spends his prison time in a hospital or some healthcare facility is something anyone can accept - but to spend time at HOME > well, it was unheard of at this time in Malaysia...
TRUE, the King had changed > and there was no way that the King could be asked to vary his orders, be it to act as advised as Pardons Board, or amend the order issued...
BUT, in my opinion, TRANSPARENCY demanded that the entire King's Pardon Order be disclosed (with flaws/problems irrespective). Then, we deal with the ISSUES - be it whether the King acted beyond what was advised by the Pardons Board, or issued a order like 'Home Detention' which was 'not accepted'.
One has LOBBIED for Pardon Laws - that will clarify the kind of Pardon Orders permissible,etc see
PARDON
powers of King/Rulers is not limitless - Limits are set by Malaysians,
through Parliament in laws/Constitution? Lacunae or uncertainty require
Constitutional Amendment and/or enactment of a Pardon Law.
The action of this government of late in trying to enact laws that allow for HOME/House Arrest - Is the government trying to AVOID the issues 'the ADDENDUM'(if it exist) by just legalizing HOUSE ARREST ??? No, the issue must be dealt with.
Now, a Minister in the Pardons Board comes out saying
Minister in the Prime Minister’s Department (Federal Territories) Dr Zaliha Mustafa, who is a member of the Pardons Board, said the meeting details are strictly classified.
“The minutes of Pardons Board meetings are confidential. Therefore, we cannot make them public,” she said, as quoted by Berita Harian today....This comes after Prime Minister Anwar Ibrahim’s aide, Shamsul Iskandar Mohd Akin, suggested yesterday that the Pardons Board reveal the meeting details to end speculation surrounding the royal addendum on Najib’s house arrest.
Surely, the Prime Minister is AWARE. Is this also under the Official Secrets Act? Then the PM and/or Government can simply declassify it ...
PROBLEM Now for PM Anwar Ibrahim and his PH-led Coalition Government?
1. If there was a ADDENDUM Pardon Order by the KING - then was there an act of DISOBEYING the King?
2. If there was an ADDENDUM, the fact that it was not disclosed to the people or Parliament is an issue of TRANSPARENCY and ACCOUNTABILITY.
3. Did the PARDONS BOARD wrongly advise the King to allow Najib to serve out the remaining of his prison term in the comforts of his HOME? Here is why JUDICIAL REVIEW should be allowed to ensure that the King/Ruler is not wrongly advised or MISLED by Pardons Board/Attorney General - resulting in the King/Ruler making a Pardon Order that is unjust, and possibly against the law.
IF THE LAW IS UNCLEAR - THEN AMEND IT ... Ever since Anwar Ibrahim's own Pardon with regard the Sodomy conviction, focus has been put on Pardon powers...
See earlier posts:-
PARDON - Discrimination, only for some? Should Shafee's disclosure that could invalidate Najib's pardon be acted on? A law on PARDONS?
Najib's Pardon - King, not Pardon Board have the power - As the King did not tell us when he was King, is there any consequences?
Pardon reforms needed. The King's pardon - the role of the PM and government of the day? Victim's rights? BERSIH Protest? Prisoner Najib posting on FB?
More about Najib's Pardon - Is the Pardons Board under the Cabinet? What is FULL PARDON? AG must explain and clarify confusions ...?
Najib's Pardon - King, not Pardon Board have the power - As the King did not tell us when he was King, is there any consequences?
Najib's PARDON now may have serious impact to Malaysia, Malaysian law enforcement, prosecution and courts?
Ex-PM Najib sentence of 72 years imprisonment, beats ex-DPM Anwar's 1999 corruption conviction and sentence of 24 years?
Anwar Ibrahim's pardon never set aside his conviction - Federal Court.
Of Najib's Pardon, Pardon REFORMS? Anwar pardoned weeks before his sentence ended, when should one be pardoned?
Anwar Ibrahim - his pardon may be not valid? High Court will decide ...
Anwar, time to investigate, prosecute and fair trial for all false witnesses, bad prosecutors and judges?...travesty or miscarriage of justice?
Anwar Ibrahim - Will this be the 1st 'abuse of power' by new government?
Anwar's Pardon - Meaning, Validity and Matters concerning Attorney General?
Summary
The Pahang Royal Household comptroller confirms previous Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah issued a royal addendum concerning house arrest for Najib Abdul Razak.
Letter issued to Pahang exco Mohd Nizar, Najib’s eldest son.
Lawyer Muhammad Shafee Abdullah says the alleged addendum was kept hidden until it surfaced on Dec 2 last year.
A letter from the Pahang palace has been submitted to the court, confirming that the previous Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah issued a royal addendum concerning house arrest for Najib Abdul Razak.
Najib’s counsel Muhammad Shafee Abdullah tabled the letter before the Court of Appeal this morning.
The letter, signed by the Comptroller of the Royal Household for the Sultan of Pahang Ahmad Khirrizal Ab Rahman, confirmed that Sultan Abdullah ordered Najib to serve the remainder of his jail term under house arrest.
“Referring to the matter above, I respectfully inform that His Royal Highness Sultan of Pahang Sultan Abdullah, in his capacity as the 16th Yang di-Pertuan Agong, had decreed that Najib shall serve the remainder of his imprisonment through house arrest, as stated in the royal addendum dated Jan 29, 2024.
“In relation to this, through this letter, I, on behalf of His Royal Highness the Pahang sultan as the 16th Yang di-Pertuan Agong, hereby certify that the aforementioned royal addendum issued by His Majesty is valid and authentic,” the letter read.
The letter was issued to Pahang exco Mohd Nizar Najib, the eldest son of the former prime minister.
Kept hidden
Submitting in court today, Shafee said the Pahang royal household comptroller contacted Nizar on Jan 4, informing him that a letter would be issued to him.
He added that a day later, on Jan 5, Nizar received a letter that confirmed the existence of a royal addendum allowing Najib to serve his sentence under house arrest.
The lawyer also stated that the addendum had been kept hidden until it surfaced on Dec 2 last year.
Responding to the applicant, senior federal counsel Shamsul Bolhassan said that the Pardons Board meeting on Jan 29 last year did not deal with any alleged royal addendum for Najib to serve the remainder of his jail term as house arrest.
Instead, the Pardons Board’s legal representative argued that the board on Jan 29 last year only dealt with the royal advice regarding a potential reduction of Najib’s jail sentence and fine.
He said the Court of Appeal ought to reject the attempt to admit Nizar’s affidavit.
Judge Azizah Nawawi chaired the three-person Court of Appeal bench, with judges Azhahari Kamal Ramli and Mohd Firuz Jaffril as panel members.
On Dec 28 last year, the Attorney-General’s Chambers (AGC) said Najib’s bid for house arrest must go through the proper channel, namely the Pardons Board.
The AGC explained that this was to prevent the king’s decision, based on the advice of the Pardons Board, from being challenged in court.
On Jan 3, Istana Negara also stated that if
any party wishes to seek clemency for a prisoner, the application must
be made by the convicted person to the Pardons Board chaired by the
Agong.- Malaysiakini, 6/1/2025
Summary
Dr Zaliha Mustafa confirms the Pardons Board’s meeting minutes on Najib Razak will remain confidential, despite calls to disclose them to address speculation.
The minister’s comment comes hours after sidestepping media queries about the matter earlier today.
The minutes of the Pardons Board meeting concerning former prime minister Najib Abdul Razak will remain confidential and will not be disclosed to the public.
Minister in the Prime Minister’s Department (Federal Territories) Dr Zaliha Mustafa, who is a member of the Pardons Board, said the meeting details are strictly classified.
“The minutes of Pardons Board meetings are confidential. Therefore, we cannot make them public,” she said, as quoted by Berita Harian today.
Earlier today, she avoided addressing media queries during an event at the Kuala Lumpur Convention Centre, briefly responding, “Nanti, nanti, nanti (wait, wait, wait),” when asked about the issue.
This comes after Prime Minister Anwar Ibrahim’s aide, Shamsul Iskandar Mohd Akin, suggested yesterday that the Pardons Board reveal the meeting details to end speculation surrounding the royal addendum on Najib’s house arrest.
The Pardons Board for the Federal Territories comprises the attorney-general, federal territories minister, and no more than three other members appointed by the Yang di-Pertuan Agong.
Royal addendum on house arrest
On Jan 6, the Court of Appeal allowed Najib to proceed with a judicial review seeking to compel the home minister and the government to enforce a decree by the former Yang di-Pertuan Agong.
This decree reportedly ordered the former prime minister to serve the rest of his jail term under house arrest.
The Pahang palace has also confirmed the existence of the royal addendum in which the former Agong, Sultan Abdullah Sultan Ahmad Shah, ordered Najib to serve his remaining sentence under house arrest.
The confirmation followed an affidavit filed on Dec 5 by Najib’s son, Nizar, claiming Sultan Abdullah had informed him of the royal addendum.
The addendum was in addition to the main Pardons Board decision that discounted Najib’s 12-year jail sentence and RM210 million fine to a six-year custodial term and RM50 million fine.
The
former Pekan MP’s sentence was in relation to the abuse of power,
criminal breach of trust (CBT), and money laundering case involving RM42
million of funds from SRC International, a former subsidiary of
sovereign wealth fund 1MDB. - Malaysiakini, 9/1/2025
Government did not act on 'royal addendum' as Agong was replaced, says Anwar
The prime minister again skirts query on the existence of the document, saying he cannot comment on the Agong's decision in the Pardons Board.
Prime Minister Anwar Ibrahim has again refused to confirm or deny the existence of a royal addendum instructing authorities to allow Najib Razak to serve the remainder of his sentence at home, saying the directive could not be implemented due to the changing of the Yang di-Pertuan Agong.
"Why didn't we act? Because the Yang di-Pertuan Agong has been replaced. Any action we take must go back to the Yang di-Pertuan Agong," he said during a debate on an addendum attached to Najib's partial pardon earlier this year.
Earlier this year, the Pardons Board chaired by the then Agong, Sultan Abdullah Sultan Ahmad Shah, announced that Najib's prison sentence would be reduced to six years and his fine to RM50 million, which, if paid,would get him another year off.
However, his lawyer Muhammad Shafee Abdullah later accused the government of concealing an additional decree from Sultan Abdullah that Najib should serve the remainder of his sentence at home.
Sultan Abdullah, who ended his five-year term as Agong on Jan 30, was replaced by Johor's Sultan Ibrahim Sultan Iskandar.
Anwar said the royal addendum can only be released with the Agong's consent.
His response comes days after Najib's son, Nizar Najib, filed an affidavit containing a copy of the addendum signed by the sultan, stating that he was personally informed of it by the ruler himself.
The affidavit was filed on Dec 5 ahead of Najib's appeal against a High Court ruling that the existence of the addendum was hearsay.
In the Dewan Rakyat today, Kota Bharu MP Takiyuddin Hassan asked why the government had not disclosed the existence of the additional decree.
Anwar insisted that it could not be discussed publicly as it was the subject of a court case, adding that it also touched on the Agong's decision in the Pardons Board.
"Why has the government all along not told the truth about whether this amendment existed or not? Isn't this a lie and disobedience to an order of the Yang di-Pertuan Agong, and isn't it also considered by law as wrongful imprisonment, if there exists (the addendum), as it is a violation of the regulations?" he said.
"Honourable prime minister, the people of Malaysia demand clear explanation from you," said Takiyuddin.
In response, a visibly angry Anwar accused the opposition of hypocrisy for defending Najib, adding that they were interested in political mileage.
"As for the addendum, we cannot respond because the case involves the Yang di-Pertuan Agong and the Pardons Board, of which the Agong is the chairman. Since when are we allowed to talk about something that is pending in court?
"It's fine if you want to be a half-baked champion! But as for the law, please answer! Is a prime minister allowed to comment on the decision of the Agong in the Pardons Board?"
In July, the High Court dismissed as hearsay claims about the
existence of the addendum, as contained in affidavits filed by Deputy
Prime Minister Ahmad Zahid Hamidi and Pahang Menteri Besar Wan Rosdy Wan
Ismail. - Malaysia Now, 10/12/2024
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