KUALA LUMPUR: Datuk Seri Najib Razak's defence team has yet to receive any instructions regarding a new pardon application to be filed by the former prime minister.
Senior lawyer Tan Sri Muhammad Shafee Abdullah, who represents the former Pekan member of Parliament, disclosed this after attending a public town hall titled 'Pengampunan Diraja: Skop dan Halangan' (Royal Pardon: Scope and Challenges) here today.
Shafee said the decision to submit another pardon application would depend on the appeal proceedings filed by Najib, which are set to be heard in the Court of Appeal this Monday.
He said Najib's defence team would also review the outcome of the appeal proceedings for the judicial review of the addendum decree before finalising any further decisions.
"So far, we (Najib's defence team) have not received instructions to file a new pardon application.
"This is because we are currently appealing the addendum decree, which forms part of the royal pardon components for Najib.
"This appeal is a continuation of Najib's earlier pardon application. Therefore, we cannot file a new application as it may be seen as engaging in duplicative proceedings, which could jeopardise the existing application," he said.
He said this in response to the suggestion for Najib to file a new application with the Pardons Board if he wishes to serve the remainder of his sentence under house detention.
On Dec 28, the Attorney General's Chambers said the Pardons Board's decision would follow the procedures and channels prescribed by law, rather than any alternative routes.
Shafee said Najib's defence team would file an appeal in the Federal Court if the Court of Appeal rejects the former finance minister's appeal.
"We will not leave this case unresolved without a conclusive decision.
"Once the appeal decision (on the judicial review of the Addendum Decree) is finalised in the Federal Court and if the Court of Appeal dismisses Najib's appeal, only then will we consider other possibilities, including filing a new pardon application," he said.
Najib, 71, is currently serving a six-year jail term for corruption related to the plunder of sovereign wealth fund 1MDB.
The 1MDB financial scandal led to his defeat in 2018 elections. He was tried and originally sentenced to 12 years imprisonment in July 2000, but this was later halved by the pardons board.
The Pardons Board's also decided to reduce Najib's fine from RM210 million to RM50 million.
SRC International is a former subsidiary of 1Malaysia Development Bhd (1MDB).
In August 2022, the Federal Court upheld Najib's conviction.
The 70-year-old is also facing four charges of abusing his position to obtain bribes totalling RM2.3 billion from 1MDB funds, alongside 21 charges of money laundering involving the same amount.
Chronology of Najib's Pardon Application
Aug 23, 2022: Najib's appeal related to the SRC case was dismissed by the Federal Court.
Sept 1, 2022: Najib submitted a pardon application to the 16th Yang di-Pertuan Agong via the Director-General of the Legal Affairs Division (BHEUU).
Oct 18, 2022: Najib filed an addendum to the pardon application, referencing facts from Tommy Thomas's book regarding controversies over judicial appointments made outside legal parameters.
April 20, 2023: Najib filed a second supplementary document with the Director-General of BHEUU.
Dec 4, 2023: Najib sent a reminder letter about his pardon application to the Director-General of BHEUU.
Dec 8, 2023: The Federal Territories Pardons Board, chaired by the 16th Yang di-Pertuan Agong, convened for the first time without reaching a final decision.
Jan 29, 2024: The Pardons Board convened again, with the decision announced on Feb 2, 2024.
Jan 29, 2024: The 16th Yang di-Pertuan Agong issued an initial statement regarding Najib's pardon.
Feb 12, 2024: Najib was informed about the Addendum Decree through reliable channels.
April 1, 2024: Najib filed a judicial review of the
Addendum Decree in the Kuala Lumpur High Court.
July 3, 2024: The Kuala Lumpur High Court dismissed Najib's judicial review application.
Jan 6, 2025: Najib's appeal against the Kuala Lumpur High Court's decision is scheduled to be heard at the Court of Appeal in Putrajaya.