Najib: Bar AGM invalid, so review of sentence reduction void

Former premier Najib Abdul Razak contended that the Malaysian Bar’s court challenge against the reduction of his sentence is void because its annual general meeting (AGM) was invalid.

His lawyer Muhammad Farhan Muhammad Shafee pointed out that the Bar decided to launch the judicial review during its 78th AGM earlier this year, which had less than 500 attendees.

In an affidavit affirmed yesterday to object to the Bar’s civil action, Farhan claimed there was a breach of the minimum 500 AGM attendees requirement under Section 64(5) of the Legal Profession Act 1976.

The lawyer argued that under such circumstances, it is mandatory for the Bar to adjourn the AGM to the next day in order to achieve the requisite number of attendees.

The AGM was held on March 16 and the judicial review leave bid at the Kuala Lumpur High Court was filed in the following month.

“The basis of the objection is that the applicant (Bar) has no locus (legal standing) to commence this action as the AGM that purportedly passed a motion to file the action therein is void, ultra vires (exceeded) and/or a breach of statutory duty, as provided in the LPA.

“(This is) On the grounds that the said AGM was held without the prerequisite quorum in attendance,” Farhan said in the affidavit sighted by Malaysiakini.

The Bar is seeking civil court leave to mount a judicial review targeting the Pardon Board’s royal advice for the reduction of Najib’s then 12-year jail sentence and RM210 million fine.

Not a challenge to Agong

The ex-premier is now serving a six-year jail term and his fine reduced to RM50 million over the RM42 million SRC International graft case.

When the judicial review leave bid was part-heard on July 2, ex-Bar president Zainur Zakaria submitted that it was not a challenge against the Yang di-Pertuan Agong’s constitutional power.

The Bar’s counsel contended that the judicial review merely targeted the Pardon Board’s advice for the sentence reduction on Jan 29.

Hearing before judge Ahmad Kamal Md Shahid resumes on Sept 18.

Representatives from the Attorney-General’s Chambers and Najib’s legal team are set to present counter-arguments against the Bar’s bid.

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