Najib, here’s the definition of ‘stealing’

 

The “I am not a thief” mantra has been used by former prime minister Najib Abdul Razak since 2015 when news broke that funds amounting to RM2.6 billion had been transferred from 1MDB to his own bank account.

He said it again after being charged in September 2018 on 25 counts of money laundering and abuse of power involving the transaction of funds allegedly linked to the sovereign wealth fund.

It has to be admitted that Najib has been consistent – he repeats the same mantra at every opportunity. Most recently, at the 48th anniversary of the Barisan Nasional (BN) on Wednesday, he was quoted as saying that he was not accused of stealing in his corruption trials but of laundering funds which “he did not personally enjoy.”

Last year, Najib was sentenced to 12 years’ jail and fined RM210 million after he was found guilty of all seven charges related to the misappropriation of RM42 million of SRC International funds.

For the three criminal breach of trust offences, Najib was ordered to serve 10 years for each count. He was also ordered to serve 10 years jail for each of the three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Since his appeal to the Federal Court is pending and there are two other ongoing trials, I would refrain from making any comments lest I am cited for contempt and sub judice.

This commentary is aimed at enlightening our readers on the various issues related to embezzlement of money as some may have been confused by the latest turn of events and utterances. As such, this glossary of sorts attempts to clarify any ambiguity or doubts.

Theft of public money

Section 378 of the Penal Code defines theft as “moving property out of the possession of another person without their consent and with intent to take dishonestly.”

The Theft Act of the United Kingdom states that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

And there’s a caveat too - it is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

The United Nations Convention against Corruption has a long list of articles and the following provisions are reproduced for ease of understanding on issues related to theft of public money, corruption, embezzlement and other related indictments.

Article 17: Embezzlement, misappropriation or other diversion of property by a public official: Intentional embezzlement, misappropriation or diversion by a public official of property, funds or anything of value that had been entrusted to them by virtue of their position.

Article 19. Abuse of functions: A public official’s intentional abuse of their functions or position to unlawfully perform or fail to perform an act. The intention is to obtain an undue advantage for themselves or for another person.

Article 23. Laundering of proceeds of crime: Converting, concealing or transferring property acquired from money earned through illegal means and making it seem as if it has been acquired legally.

Article 25. Obstruction of justice: Use of physical force, threats, intimidation, promise or pledge to induce false testimony or interfere with the giving of testimony or the production of evidence, or to interfere with a justice or law enforcement official in their duties in a proceeding in relation to the commission of corruption offences.

‘Grand corruption’

Then there’s a thing called “grand corruption”. It occurs when any of the above offences, are committed as part of a scheme involving a high-level public official.

It comprises a significant misappropriation of public funds or resources or severely restricts the exercise of the most basic human rights of a substantial part of the population or of a vulnerable group.

Grand corruption is the abuse of high-level power that benefits the few at the expense of the majority. It is a well-organised plan of action involving high-level public officials and their cohorts which causes serious harm to the community, especially when funds meant for the welfare and benefit of the populace is diverted or stolen.

Then there’s kleptocracy - a form of government in which the leaders, known as kleptocrats, use their political positions of power to gain or increase their personal wealth by stealing money and valuable resources from the countries they rule.

So, you, the discerning reader, have to be the judge. You have to decide if the words “thief” and “theft” are synonymous with or remotely connected to criminal breach of trust or embezzlement of funds and money laundering. - Mkini

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R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com.

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