Plan to make Anwar PM difficult, lawyers tell Rafizi

(MMO) – Several lawyers did not rule out the feasibility of Rafizi Ramli’s plan on how Datuk Seri Anwar Ibrahim could still become prime minister, even though the latter has exhausted all legal avenues to be released from prison.

However, the constitutional lawyers polled by Malay Mail Online admitted that the plan, which would hinge on getting the de facto Opposition and PKR leader pardoned by the Yang di-Pertuan Agong, is bound to face several obstacles right from the start.

“It’s actually possible. Crazy as it may sound,” Syahredzan Johan told Malay Mail Online.

“It’s possible. A long shot, but possible,” he added.

According to the Bar Council member, the biggest obstacle facing Pakatan Harapan would be getting the pardon itself, a result that he explained is far from certain.

The Federal Court rejected yesterday Anwar’s bid to review his sodomy conviction and five-year jail sentence on the basis that there was no merit in his application.

On Monday, former PKR secretary-general Rafizi suggested a plan that resembled his previous so-called “Kajang Move” on how Anwar can be made prime minister should Pakatan Harapan win the next general election.

Rafizi said if Pakatan Harapan won the 14th general elections, the pact could instruct the national chief secretary, who would be head of the caretaker government, to apply for a royal pardon for Anwar, who is currently in prison for sodomy, on behalf of the new federal government.

But Syahredzan said in such a situation, the convict himself must apply for the pardon instead of the chief secretary.

Anwar himself has not requested a royal pardon, but his family sent a request for the pardon of his conviction and avoided his disqualification from his Permatang Pauh seat in February last year when the Federal Court upheld his five-year jail sentence.

But in April last year, the government’s lawyers said that the Pardons Board had, in March, rejected Anwar’s petition. He was then disqualified as Permatang Pauh MP and his wife, Datuk Seri Dr Wan Azizah Wan Ismail, won the by-election in the constituency.

Meanwhile, lawyer Nizam Bashir said although the plan sounds “possible”, Pakatan Harapan must instead focus first on overcoming the challenge to form the federal government.

“Anything is possible,” said the member of the Bar Council’s constitutional law committee.

“Well I think the challenge, is as before, that is winning sufficient seats to form the federal government. As to whether that is the hardest thing, it all depends.                        

“But if you ask me, the focus should be on issues. Everything else will take care of itself,” he added.

In his suggestion, Rafizi said Anwar can be freed within two days of the general elections, then subsequently win a parliamentary seat when a PKR lawmaker steps aside, and take his oath as prime minister as early as two weeks after.

But Latheefa Koya, one of Anwar’s lawyers and PKR legal adviser, told Malay Mail Online yesterday that Rafizi’s suggestion was merely personal and not part of the party’s strategy for Anwar.

“It is certainly not part of any party or legal strategy. This is Rafizi’s own suggestion,” the party central leadership councillor said, promising that their next plan to free Anwar will be revealed soon.

On February 10, 2015, the Federal Court upheld an earlier 2014 ruling by the Court of Appeal for the conviction and five-year jail term of Anwar over the sodomy of his former political aide, Mohd Saiful Bukhari Azlan, in 2008.

Despite failing in his final attempt to reverse his sodomy conviction and prison sentence yesterday, Anwar maintained that there was still hope in his bid for freedom.

Anwar has also filed an appeal against the Kuala Lumpur High Court’s decision to deny him leave to challenge the Pardons Board’s refusal to grant him royal pardon, with the appeal hearing at the Court of Appeal scheduled for January 18.