Najib's clemency bid could backfire despite lawyer's argument

 

Former prime minister Najib Abdul Razak’s legal team has disputed the High Court’s ruling that he can no longer be considered a first-time offender due to his prior conviction in the SRC International case.

Lead defence counsel Shafee Abdullah argued that because the offences in the SRC and 1MDB trials occurred around the same period, they should not be treated as separate instances of repeat offending.

A repeat offender is generally referred to as a recidivist or habitual criminal, and it is often defined as someone who commits a crime or offence multiple times, particularly continuing to break the law after already being convicted or penalised for a prior offence.

Although semantic nuances may arguably shield Najib from that specific descriptor, the fact remains clear: he was convicted beyond a reasonable doubt of numerous criminal charges concerning widespread misappropriation of public funds in his SRC and 1MDB trials.

The indisputable fact is that Najib is a convicted felon who, by judicial standards, is not a candidate for leniency.

Perhaps, in dismissing his application for a stay, the judiciary did not view Najib as someone who qualifies for lenient treatment.

The bench likely determined that he completely failed to satisfy the “special circumstances” test, which serves as the core legal standard for granting a stay.

Admission of guilt?

Additionally, the former prime minister may not fully grasp the legal implications of his recent application for a pardon.

While applying for clemency is entirely legal, it could equally and severely undermine his broader case.

By seeking a pardon, the court may interpret his actions as an indirect acknowledgement that his previous criminal conviction in the SRC trial was legally correct and justified.

Ultimately, receiving clemency does not expunge or wipe away the underlying criminal conviction. Yes, it does not erase a criminal conviction from a person’s record.

Although a court typically weighs an individual’s prior criminal record when granting or denying a stay, this remains just one of several elements under judicial consideration.

In other words, history of recidivism does not constitute the exclusive basis for the court’s ruling.

Najib's place is behind bars

The public genuinely hopes the Court of Appeal will throw out his application for a stay of execution as well.

Given how severe his crimes are, there is only one place he belongs - behind bars, without exception.

Najib’s case serves as a definitive, textbook illustration of a breach of public trust and a quintessential example of a severe breach of fiduciary duty. - Mkini

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MOHAMED HANIPA MAIDIN is a former deputy minister of law.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT