1. Now, let's look at the issue whether the kings privilege to pardon is personal to holder or job related.
2. Since the pardons board performs a function sanctioned by parliament, it does a job.
3. If follows therefore, when the king presided with the pardons board to hear the application of clemency in the case of one Najib Razak, he's doing a job .
4. It is therefore clear that his capacity to pardon in this case is job specific.
5. His capacity to pardon is personal to holder in celebratory, commemorative and like occasions such as his birthday, jubilee this or that .
6. The 'job' in the pardons board is deemed completed at the close of the business session when there was nothing under the heading ' lain2 hal' was settled.
7. When the minutes of the pardons board meeting came out subsequently and the minutes was shown by Saifuddin, it made no mention of an addendum.
8. That means the purported addendum came later than even the minutes.
9. It is therefore a distinct document in time and was not issued at the same time at the pardons board meeting.
10. Being of distinct nature and a separate document if it ever existed at all, it cannot be treated as having the same legal stature as a document prepared simultaneously as a pardons board document proper.
11. A subsidiary paper cannot have the same stature as a principal document .
12. Hence, when the applicant to review the 'addendum' goes to the CA salivating at the prospects of victory, he faces some insurmountable obstacles.
13. First to have to prove the existence of an addendum. This is not easy peasy.
14. The minutes showed by Saifuddin showed no ' addendum ' existed.
15. You can't force the government to produce an ' addendum ' which was shown by the minutes did not exist.
16. At the moment, the people who insisted and asserted that an addendum does exist are the najibers and UMNO people. It's an assertion without proof.
17. An assertion without proof can also be dismissed without proof and reason .
18. As a sign of desperation and clutching at any straw, the najibers and the UMNO people as well as those on the lunatic fringe, say the addendum disappear because unknown people hid it .
19. That's speculation and any court for that matter will not countenance and embellish a speculation .
20. The next hurdle the appellant faces is to establish the legal stature of the addendum. Since it must be written after the minutes, if one does exist, it's a distinct and separate document . It must be written on the agungs office stationery, not on the pardons board's.
21. It is thefore an ' inferior ' document than one that is written contemporaneously as a pardons board document .
22. What about the letter from the sultan of pahangs office? Which the najibers, UMNO and other people alleged to confirm the existence of an addendum?
23. Not so fast friends. The letter was written on the sultans of pahangs office and written on the office stationery.
24. It's probably signed by the chamberlain. It therefore legally inferior than the document on the pardons board stationery and also legally inferior that the purported addendum signed on the agungs office letterhead. We must first establish the stature of the letter
25. The appellant would now realize that the addendum issue is not a binary case or an open and shut case .
26. We have tolerated the appellants legal filibustering ways by our indulgence of the over hyped concept of due process, we must now accept the courts also follow due process.
27. It may take years for the addendum issue to be settled. You know la, due process of the law in this country, is the way of the antelope and the elephant
28. You remember the story? An elephant is running with the hunted antelopes. An entelope asks the elephant. Why are u running with us? You are an elephant. Yes, says the elephant. But at the rate they are dispensing justice, it may take them 20 years to confirm I am an elephant .
29. Based on the reasons and other reasons not able to be mustered by me, the addendum issue will be dismissed by the CA.
30 . When this happens, the appellant will appeal to the federal court. Another round of his legal filibuster. Sheesh!
31. This article was written before the FC rejected Najibs application to direct lower court to hear again the addendum issue. I thought the addendum issue is given the tortoise treatment. That it will heard in mid or late July. Najibs lawyer may have submitted this application with a certificate of urgency ( Najibs time).
32. It begs the political question,why is Najibs side so anxious to prevent the AGC from disputing their precious addendum?
33. Could it be their own version of the addendum is so weak , that even grade C egg standard AGC people can dispute and defeat it?
34. To the layman, it means Najib does not deserve house arrest. Full stop
