Federal Court decision affirms rule of law

 

Most Malaysians heaved a huge sigh of relief yesterday when the Federal Court affirmed that Najib Abdul Razak was guilty of one charge of abuse of power, three for criminal breach of trust and three for money laundering involving RM42 million of SRC International money. It quickly perished any thoughts of extrajudicial measures in the case.

Despite the presence of some 300 Najib “supporters”, there was no untoward incident. The verdict finally crushed the opinion of many Malaysians that Najib would never end up in jail despite the overwhelming weight of evidence as demonstrated in the hearings.

Najib went straight to jail at Kajang to serve his sentence of 12 years. He also has to pay a fine of RM210 million or serve a further five years.

For all the hoopla surrounding the SRC trial, it was really an open-and-shut case. That it was prolonged for over four years from the time charges were filed is because of a combination of factors, not least the attempts to delay the proceedings at every turn which Malaysians are now very familiar with and sick of.

The court proceedings clearly showed that RM42 million went into his account - money from SRC International. That he was aware of it was shown by cheques he wrote for disbursements from the account. Denying these facts is no defence.

This was also pointed out by the Federal Court thus: “At the outset, we state that counsel for the appellant, Tuan Haji Hisyam Teh, impressed upon us with considerable fervour that these appeals concern strong serious points of law and fact.

“In point of fact, we find that there is nothing complex in these appeals. Putting aside the personality of the appellant, this is a simple and straightforward case of abuse of power, criminal breach of trust and money laundering.”

By pushing ahead with a decision despite strong last-minute efforts to delay it by unwarranted, unprofessional means by lawyers who may face disciplinary proceedings by the Malaysian Bar, the Federal Court judges demonstrated unwavering commitment, despite extreme political pressure, to the rule of law.

This is no ordinary case - it is the first time that a former prime minister of Malaysia has been charged. He was still a very powerful figure within the ruling Umno although he stepped down as president of Umno after he lost the 2018 general elections.

During the four years since he was charged in this and other cases, Najib has been on bail, using that time to rebuild his political image systematically using the “Apa Malu Bosku” moniker through social and other media to not only maintain he was innocent but to make him into a political force again.

Umno politicians who should know better threw their weight behind Najib during the course of the latest appeal – a rather unbecoming behaviour. Umno president Ahmad Zahid Hamidi called on Umno to support Najib during the “difficult” SRC appeal.

Both he and his deputy Mohamad Hasan said the decision of the Federal Court to refuse additional evidence erodes judicial integrity, in response to which the Bar Council issued a statement in support of the judges. How is one to interpret such developments by the two top officials of what was for a long time the most powerful political party in Malaysia?

Unanimous decision

Despite such pressures, the Federal Court made a unanimous decision and affirmed the guilty verdict and sent Najib to jail. The five-member bench was headed by Chief Justice Tengku Maimun Tuan Mat. The others were Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, Federal Court judges P Nallini, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah.

By doing so, the five strongly affirmed the rule of law and showed that no matter how high an office a charged person held, the case against him will be decided by the law - no matter the threats, pressures and noises by others not involved in the case. For the first time in Malaysia, a former PM was sent to jail.

When a unanimous decision is made by reputable members of the bench and clear, written grounds for the judgment are given, it leaves no doubt as to the guilt of the accused, although he tried to play to the gallery by appealing to emotion, not reason.

The impact of the Federal Court decision is far-reaching. It is a message to others that if they are similarly charged, they can expect justice to be meted out - no matter how high their social standing - without fear or favour; a major deterrent to the rampant corruption at high places which we are seeing now.

However, enforcement as in charging the guilty still leaves a lot to be desired. If the Pakatan Harapan government had not come to power would Najib ever have faced the courts? Highly unlikely.

For Najib, it’s the end of the road for now, and politically, for always. Talk of pardon is being glibly bandied about. But pardons are a process and should only be given when there is a gross miscarriage of justice or when the accused’s service in other respects has been exemplary. On both counts, Najib fails miserably.

One has to remember that Najib faces other charges for which trials are already ongoing, some of them much more serious than the ones he is facing now. He is facing four charges of abusing his position to receive bribes of RM2.3 billion and 21 charges of laundering the same amount.

This arises from the US$680 million that was moved into his accounts which the US Department of Justice said came from funds stolen from 1MDB. Will any sane person push for a pardon from crimes such as these where billions were stolen from the country?

The Federal Court decision is important because it does demonstrate unequivocally that no one is above the law and that even those in high positions can be brought to court and convicted for white-collar crimes.

That offers some hope for this country of ours going forward, provided we collectively as Malaysians, when the time comes, refuse to hand over power to the corrupt and to those who abuse them, many of them very demonstrably so.

The Federal Court decision is a burst of welcome sunshine in a place where things have been dark for way too long. Let’s keep the light on. - Mkini

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P GUNASEGARAM, a former editor at online and print news publications, and head of equity research, wrote ‘1MDB: The Scandal that Brought Down a Government’, the first book to be written on the topic.

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