KL : High Court dismissed application by Anwar to strike out suit
Mohd Khairul challenging May 2018 pardon relating to sodomy conviction
judge Akhtar Tahir said triable issues that need to be heard in full
held that YDPA taken role of executive when granting pardon
therefore procedures and laws of executive powers could be questioned
(OSTB : Hmm...)
if Agong exercising executive power, how can he not be justiciable?
It is not royal pardon, it is executive pardon
because he took role of executive (in granting pardon) he said
judge added this is not clear-cut case which could be summarily dismissed
it is proper to initiate proceedings, evidence, oral testimony, might be called
This is a civil matter that must be proven on balance of probabilities
I am dismissing applications by both defendants with no order to costs he said
judge fixed March 24 - 26, next year for trial, Feb 18 for case management
Khairul's lawyer said court has locus standi as this is regarding constitution
member of public has right to file action
Anwar filed striking out on no locus standi, frivolous, embarrassment, abuse of court
Khairul suit claimed formation of board wrong, illegal, questioned legality
Feb 10, 2015, Federal Court affirmed Court of Appeal's 5-year jail for sodomy
May 9, 2018 several illegal, unconstitutional moves to ensure pardon and release
2 days into new govt former PM Dr M announced YDPA given full pardon
Khairul claim pardon contravened Articles 42 (4), (5) Fed Constitution
pardons granted should be on advice of Pardons Board, which was not formed
May 11, 2018, Dr M announced Agong pardon before he (Dr M) sworn in
My comments :
So what happens if the pardon tak betul? Does he go back into the slammer?
But for certain if the Royal Pardon tak betul his conviction will still stand and he will not be able to run for election for FIVE YEARS AFTER being released from jail.
So in case he has to go back into the slammer and finish the remainder of his jail term, then he cannot stand for elections for FIVE YEARS AFTER eventually completing his jail term.
When can that be?
The trial date has been fixed for March 24th 2021. Say it takes a year to complete the trial (2022). Say the conviction and the jail term are reinstated. If there is a year left of the original jail term then it will be 2023 before he is out again. Add 5 years to that and he can run for election again circa 2028. The Brader will be 81 years old.
I hope by that time the water in Kelantan can be cleaned up, there will be no need for Kongress Maruah, Kota Gelanggi would have been opened up for archaeological digs and tourist visits.
Or maybe by that time the Sodomy laws would have been abolished? The natives can just run around yappa-dappa-dooing, bootie bustin' and whatever to their hearts' content.
I am grateful to the Judge Dato Akhtar Tahir for his judgement which basically challenges even the Yang Di Pertuan Agong's role as the Agong.
For indeed granting 'pardons' is a prerogative of the YDP Agong, the Rulers and the FOUR Governors / Tuan Yang Di Pertua only. However it has been decided by the Court that a pardon by the YDPA is not above the scrutiny of the Court.
If the Court finds that the Pardons was not done properly then who is liable ? Certainly Brader Anwar had no say in the pardons. One point of contention in the suit is the Pardons Board was not "properly" in place at that time. If true then the Pardons Board is out of the picture. Yet the King signed it.
In the old Malay movies it was much simpler. The Sultan would just decree something and that was it. No need for lawyers, Courts, judges, pardons boards etc.