Pardon may take up two years, Anwar’s application less hopeful

Sin Chew Daily, 26 February, 2015

(Selangor, Petaling Jaya 25 February) As family of Opposition Leader Anwar Ibrahim seeking pardon from the King on his behalf, his status as Permatang Pauh MP is temporarily retained. Next round of political game, whether to release Anwar, starts from now. However, how much chance does Anwar have, situation may not be optimistic.

As Anwar has sought royal pardon from the King, Pakatan Rakyat at this moment would not meet to discuss on appointing a new Opposition Leader.

When does Pardons Board discuss Anwar’s application? It is learned that the Federal Constitution does not have any requirement on time frame for Pardons Board to handle an application. It may be one to two years, depending on the time when the board convenes a meeting. This will also determine time for Permatang Pauh to hold a by-election.

Nik Ahmad: Anwar’s fate depends on Pardons Board, first convicted sodomy case seeking pardon

Prof Nik Ahmad Kamal Bin Nik Mahmod, Legal Adviser of International Islamic University of Malaysia says based on his understanding, Anwar is the first convicted case of sodomy seeking royal pardon from the King. Whether Anwar can be “freed” would depend on Pardons Board.

The Pardons Board is made up of the Federal Territory Minister, Attorney-General and not more than 3 other members. The King, advised by the board, often pardons convicts on his birthday.

Nik Ahmad told Sin Chew Daily that Chapter 42 of Federal Constitution states that only King has right to pardon Anwar. He is only free after receiving pardon from the King.

He points out that despite Anwar currently retains his status as MP, he is unable to attend the sitting in Parliament next month unless the Home Minister grants him the permission.

Parliament resumes sitting on March 9 till April 9 for 20 days.

He points out that as Anwar is convicted on sodomy charge, he has to serve his jail term. Unless Home Ministry, which governs the prison grants him the permission, Anwar then can attend parliament sitting.

“Nevertheless leave is often granted by Home Minister or prison warden on specific and important matters such as attending funeral or visiting patients. Home Minister has absolute right to decide and Anwar can make an application.”

No specific time frame stated to handle application for pardon

He says the Federal Constitution does not have any specific time frame stated for Pardons Board to handle an application. It could be a year or two years, depending on the time when Pardons Board calls for a meeting.

However, Nik Ahmad opines that since Anwar is a member of parliament and an Opposition Leader, the case involves public interest. The board should convene a meeting to discuss the matter as soon as possible. Best time would be prior to the commencement of parliament sitting.

“Anwar is still a member of parliament. If Pardons Board drags on, there will be no elected representative in the parliamentary constituency. This affects people’s interest. I believe the authorities would take this into consideration to speed up the matter.”

Anwar is to serve a five-year jail term on a convicted charge of sodomy. His second daughter Nurul Nuha, together with mother Datuk Seri Wan Azizah have visited the palace to submit an application seeking for royal pardon hoping Anwar to be freed and retain his status as Permatang Pauh MP.

Propose appointment of acting Opposition Leader

Nik Ahmad proposes the Pakatan Rakyat, while waiting for a decision to be made by the King, appoint an acting Opposition Leader as only a free person can carry out the role of an Opposition Leader effectively.

“At this juncture, Anwar is still the Opposition Leader. His wife is entitled to visit him in prison. Giving instruction or opinion through Wan Azizah is inconvenient.”

Asked about the success cases of receiving royal pardons, he admits that the record is lacking. Most applicants are death row convicts who were drug traffickers or involved in firearms transaction. As these people were not public figures, they did not receive media attention.

He also touches that the act of Anwar seeking royal pardon means he admits wrongdoings. On the other hand it could be a party strategy in order to retain the Permatang Pauh parliamentary seat.

Asked whether Anwar stands a chance if he files for a judicial review, Nik Ahmad opines that the five-member of Federal Court unanimously ruled that Anwar is guilty. Chances to challenge the verdict are very slim.

Pan Yong Qiang: Another round of political game begins as Anwar files for pardon

Political commentator Pan Yong Qiang points out that as PKR advisor Datuk Seri Anwar Ibrahim’s family seeking royal pardon from the King, this marks another round of political game whether in factionalism within Umno or political fight between two political divide.

He says the legal procedure of Anwar’s sodomy case is over. But as PKR president Datuk Seri Wan Azizah seeks royal pardon as Anwar’s family member, the political game is thereby extended.

Pardons Board affected by political force

He told Sin Chew Daily that despite power lies with the King to pardon Anwar, King takes advice from Pardons Board and the board would also be affected by various political forces.

In this case, he says it is not known whether PKR president Wan Azizah, vice president Nurul Izzah and Secretary-General Rafizi have any split as prior to this Rafizi said PKR would not seek royal pardon from the King but Wan Azizah in her capacity as a family member, filed for the application seeking pardon on the last day.

He is of the view that PKR should offer explanation due to the changes involved or PKR supporters would be confused as the president and secretary-general are acting differently.

Asked about his views that by seeking royal pardon, Anwar admits that he is guilty of the offence. Pan is of the view that judging from the statement made by family members, they are claiming that the decision is unfair to Anwar and through intervention by the King, using the latter’s position which is above the law, to rectify the injustice in judiciary.

In other words, they state clearly that seeking royal pardon does not mean admission of guilty plea.

He points out that DAP and some of PKR members would agree with Anwar seeking royal pardon but not the conservatives in PAS.

On the role of Opposition Leader, he does not think the role is material at this moment as the role is more of protocol in nature without much significance. It plays the role of pooling the three parties in Pakatan Rakyat together.

Pakatan Rakyat has three options:

He is of the view that Pakatan Rakyat has three options:

1. While seeking royal pardon, continue to acknowledge Anwar as the Opposition Leader.

2. Leave the position vacant as a protest against injustice in judiciary since Anwar is in jail and unable to carry out the task.
3. Fill the vacancy.

To him, the third option is the worst as conflict appears regardless of anyone who replaces Anwar.
“This can be avoided by not appointing anyone as replacement.”

Original Source: 處理請願書或需一兩年‧安華尋寬赦不樂觀