Anwar Ibrahim objects to court questioning royal pardon

Anwar Ibrahim, the Prime Minister of Malaysia, has opposed an application filed by Muhammad Sanusi Md Nor in the High Court, which seeks to determine several legal questions regarding the royal pardon granted to Anwar five years ago. Anwar asserts that the application, concerning the royal pardon he received from the Yang di-Pertuan Agong on May 16, 2018, is beyond the court’s jurisdiction.

Anwar, who is also the PKR president, stated that the Yang di-Pertuan Agong has the power to grant pardons under Article 42 of the Federal Constitution, in conjunction with Article 181. According to Anwar, this power is permanent and should remain unaffected. He cited various cases before the Federal Court and the Court of Appeal that support the legal principle that the court cannot confirm or change a decision made by the Yang di-Pertuan Agong.

“This includes the decision to grant me the royal pardon, which directly proves that the court has no jurisdiction to do so,” Anwar said in an affidavit filed through SN Nair at the Alor Setar High Court on April 25.

Anwar emphasised that Muhammad Sanusi’s application is irrelevant, frivolous, insulting to the powers of the Yang di-Pertuan Agong, and an abuse of the judicial process. He explained that the application seeks to make decisions on matters that cannot be decided.

“In accordance with the pardon granted by the Yang di-Pertuan Agong on May 16, 2018, I am fully pardoned, and all convictions brought against me, including the court records, are set aside and any statement relating to the matter is deemed defamatory and actionable,” Anwar said in the affidavit.

On March 31, Muhammad Sanusi filed an application in the Alor Setar High Court, asking the court to determine whether the royal pardon granted to Prime Minister Anwar Ibrahim five years ago was to set aside not only his sentencing but also his conviction.

The application was filed by Muhammad Sanusi, among others, on the grounds that based on the documents he cited, there was no evidence that the pardon reversed Anwar’s conviction in whole or in part and expunged all his previous criminal convictions.

Meanwhile, lawyer Yusfarizal Yusoff, representing Muhammad Sanusi, when contacted by Bernama said the case management has been fixed on June 28 in the Alor Setar High Court.

On December 13 last year, Anwar, as the plaintiff, filed a defamation lawsuit against Muhammad Sanusi over the latter’s statements linking him to immoral behaviour in the Jelajah PN Best Tambun speech campaign.

Anwar claimed that the defamatory statement implied that he had obtained the royal pardon through fraud and hence remained unpardonable and had deceived the Yang di-Pertuan Agong, while also implying that he is a liar, untrustworthy, unethical and betraying the mandate of the people.

He said the statements were made with malicious intent to incite public anger and stir up personal hatred against him and PH during the campaign period for the 15th General Election (GE15) in November last year.