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Thursday, December 9, 2021

Courts uphold law to safeguard integrity of leaders: Court of Appeal

 


The judiciary plays a key role in arresting the “frightening decay in the integrity” of some political leaders in Malaysia, said the Court of Appeal.

In its decision to dismiss former prime minister Najib Abdul Razak’s (above) appeal to quash his conviction and sentencing in the RM42 million SRC International corruption case, the three-person bench referred to the 1977 Supreme Court conviction of former Selangor menteri besar Harun Idris.

The Court of Appeal said that the trial judge in the 1977 case, Raja Azlan Shah, had commented about “a frightening decay in the integrity of some of our leaders”.

The bench referred to parts of Raja Azlan’s decision which quoted the aphorism “power tends to corrupt, and absolute power corrupts absolutely”, the need of “some avowed limitations upon political authority”, and that “the law is no respecter of persons (equality before the law).

“And some 45 years later these words still bear relevance to the appellant (Najib), and where we as a nation find ourselves at now.

“The ‘frightening decay in the integrity of some of our leaders’ that Raja Azlan Shah warned us of 45 years ago is still a scourge that plagues this beautiful nation.

“The courts in upholding the rule of law would have to do what is necessary to ensure that this modern-day plague is eradicated for the good of the nation.

 “The law is indeed 'no respecter of persons'. All men are equal before the law, and the courts apply the law equally to all.

“In the final analysis, we dismiss the appellant’s appeal against both conviction and sentence on all charges and affirm the orders of the High Court,” ruled the Court of Appeal bench chaired by Abdul Karim Abdul Jalil.

The other bench members making up the unanimous ruling are Has Zanah Mehat and Vazeer Alam Mydin Meera.

This was a portion of the 317-page full grounds of judgment for yesterday’s dismissal of the former prime minister’s appeal to reverse his conviction as well as 12-year jail term and RM210 million fine over one count of abuse of power, three counts of criminal breach of trust (CBT), and three counts of money laundering involving RM42 million of funds from SRC.

Previously a subsidiary of 1MDB, SRC later became fully owned by the Minister of Finance Incorporated.

Besides being former prime minister, Najib also used to be finance minister, SRC’s adviser emeritus, and chairperson of 1MDB’s board of advisers.

However, there is a stay of execution on the custodial sentence and fine, pending disposal of Najib's appeal to the Federal Court. - Mkini

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