Appealing For A Royal Pardon Could Be An Admission Of Guilt
There is talk that someone will be appealing for a Royal Pardon. A Royal Pardon is pretty involved. A Royal Pardon can reduce a prison sentence (which can mean many things), commute a death sentence (to life imprisonment) etc.
Or a Royal Pardon can overrule a guilty conviction by a Court of Law. In which case (for some purposes) it is as if the pardoned person did not commit the crime at all.
But in all cases, the Royal Pardon cannot erase the Court process, the hearing and the conviction, which will remain in the official record. Someone may put a stamp on the files that says, “Royal Pardon”.
. . .the reigning monarch has the power to allow pardons, postponements or to reduce the length of sentencing for offences committed in the state.
… Sultan can act based on advice of the Pardons Board (consisting of the Federal Attorney-General (AG), Menteri Besar and a maximum of three other members appointed by the Sultan).
Question arises as to whether the Sultan has the final say in decisions on allowing or dismissing the pardons requested by convicts.
Law experts have different opinions over this matter. Former AG Abu Talib Othman once said the ruler acts on the advice provided by the pardons board while some lawyers opined that the ruler has absolute discretion.
Many are confused over the processes and eligibility for the royal pardon.
Basically, there are no fixed rules or regulations pertaining to the process.
It is not stated clearly as to who can be the applicant and there is not deadline for the King to decide on granting clemency.
In other words, the legal eagles cannot tell us much about the Royal Pardon’s process. THERE ARE NO FIXED RULES OR REGULATIONS PERTAINING TO THE PROCESS.
At this point in time you may want to read the following :
Weeks ago I heard from the Jedi that there maybe a pardons process being contemplated by the potential pardonee. However, there is a catch.
The pardonee has to provide justifiable grounds to be pardoned. He cannot just repeat, “I am not guilty. I am innocent”. That is what you say during the trial in Court, through the lawyers and to the Court.
But once the Court has found him guilty, then he has two provide reasonable grounds why he should be pardoned by a Royal Pardon.
The legal website above also says :
In order for a convict to be eligible for the parole, they must have undergone a minimum sentence of one-year jail or at least half of the sentencing period . . .
So this time around the pardon may just be to commute the remaining sentence. Meaning he is free to go home. But only the sentence has been pardoned but NOT the conviction. This is the Catch 22.
There is another Catch 22. Talk is the request for the Royal Pardon must also include a statement of sincere repentance. In other words it will include a statement of remorse for the crime that was committed. In other words he must acknowledge the crime and seek the forgiveness of the YDPA the King.
And then the news item No 1 above seems to suggest yet another Catch 22. Since this was a crime against a person, a personal injury done unto an individual, the YDPA the King may require the consent or at least a “no objection” from the victim of the crime before the King can dish out the Royal Pardon.
As the legal website says : THERE ARE NO FIXED RULES OR REGULATIONS PERTAINING TO THE PROCESS
To show fairness to all his subjects, there is nothing to prevent the YDPA the King from asking the victim if he is agreeable for a pardon to be extended to the convicted person who caused him harm.
Hence all this talk about sending emissaries to meet the victim and get his consent.
As the stomach churns.