Donations to pay Najib’s fine defeat purpose of criminal punishment

 

MP SPEAKS | Umno's announcement that it has raised and paid RM50 million through public donations to settle the criminal fine imposed on former prime minister Najib Abdul Razak raises a deeply troubling question.

I fully respect the constitutional authority of the Yang di-Pertuan Agong to grant pardons and the proper functioning of our legal system. Nevertheless, clemency must never be confused with innocence, nor political solidarity with accountability.

If a convicted offender can simply turn to political supporters to pay his criminal fine, what purpose does the punishment serve?

We must be clear that this is not an ordinary civil debt or defamation claim. We have seen politicians raising funds through solidarity campaigns, Milo tins or even supporters buying up fish to help settle civil judgments, as in the recent case involving Umno Youth chief Dr Akmal Saleh.

But a civil judgment and a criminal sentence are fundamentally different.

Najib was convicted of abuse of power, criminal breach of trust, and money laundering involving RM42 million belonging to SRC International. His conviction was upheld by the Federal Court, the country's highest court, following due process.

Umno general assembly, June 2023

Criminal punishment is intended to deter wrongdoing, hold offenders accountable, and maintain public confidence in the justice system.

A criminal fine is not imposed merely to fill government coffers. It is meant to ensure that the offender bears the financial consequences of his wrongdoing.

While public donations to political parties may not be expressly prohibited under current laws, we must distinguish between what is legally permissible and what is right in principle.

When the financial burden of a criminal fine is shifted to political supporters, we risk undermining the very purpose of the punishment.

What message does this send to future offenders? That those with sufficient political influence can simply raise funds to settle their fines? That the consequences of corruption can be passed on to others?

This is particularly disturbing when the offences involve the abuse of public office and betrayal of public trust. The wrongdoing has already been established by our courts, yet members of the public are now being encouraged to contribute their own money to relieve the convicted offender of his financial penalty.

Umno special presidential briefing, August 2022

Political loyalty should never become a means of shielding someone from the consequences of a criminal conviction.

No one is above the law

In Najib's SRC International case, the High Court emphasised that no one is immune from the force of the law, regardless of how powerful they may have been.

Yet what becomes of this principle if those with wealth, political influence, or powerful connections can simply pass their financial punishment on to supporters or, worse, cronies?

Ordinary Malaysians are expected to face the consequences of breaking the law. The politically powerful should be no different.

This episode also reinforces the urgent need for stronger political financing laws, particularly greater transparency over the sources of large donations and political fundraising.

I urge all Malaysians, regardless of political affiliation, to respect our courts and uphold the rule of law. We can acknowledge a person's past contributions without excusing criminal wrongdoing. We can show compassion without compromising justice.

A criminal conviction should serve as a lesson in accountability, not an opportunity for political fundraising or celebration.

Justice is not served merely because a fine has been paid. It is served when the person convicted truly bears the consequences of his wrongdoing. - Mkini

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CHIEW CHOON MAN is the Miri MP and the deputy minister of tourism, arts, and culture.

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