MAILESI PHIRI

MAILESI PHIRI

The Court held that the Pardons Board exclusively retains the power to reconsider the commencement date of imprisonment and such decisions are not justiciable; consequently respondents must pursue fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 rather than judicial alteration of commencement dates.

Citation
05(RJ)-9-11/2024(P) (Mahkamah Persekutuan)
Parties
Respondent: Respondents; Pardons Board: Pulau Pinang Pardons Board; Interested Party: Ang Kok San
Court
RJ
Jurisdiction
Malaysia
Judgment Date
12 November 2025
Case Number
05(RJ)-9-11/2024(P) (Mahkamah Persekutuan)
Procedural Posture
Criminal Review Application / Supporting Judgment
Outcome
Supporting judgment; no judicial alteration ordered; respondents advised they may file fresh petitions under Prison Regulations 2000.
Legal Topics
Commencement of Imprisonment, Powers of Pardons Board, Justiciability, Remedial Petitions Under Prison Regulations
Source Language
Malay/English
Criminal Law Administrative Law Prison Law Clemency and Pardons Commencement of Imprisonment Powers of Pardons Board Justiciability Remedial Petitions Under Prison Regulations

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Parties

Respondents

Respondent

Pulau Pinang Pardons Board

Pardons Board

Ang Kok San

Interested Party

Procedural Posture

Criminal Review Application / Supporting Judgment

Legal Issues

  1. 1 Whether the Pardons Board has the power to reconsider the commencement date of imprisonment
  2. 2 Whether decisions of the Pardons Board regarding commencement dates are justiciable
  3. 3 Whether respondents are precluded from seeking fresh petitions under Prison Regulations 2000 Regs 54 and 113

Ratio Decidendi

The Court held that the Pardons Board exclusively retains the power to reconsider the commencement date of imprisonment and such decisions are not justiciable; consequently respondents must pursue fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 rather than judicial alteration of commencement dates.

Court Disposition

Supporting judgment; no judicial alteration ordered; respondents advised they may file fresh petitions under Prison Regulations 2000.