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Saturday, February 3, 2024

Bersih: Najib should serve full sentence

Bersih has slammed the Pardons Board’s decision to reduce the jail sentence and fine imposed on former prime minister Najib Abdul Razak.

While acknowledging that the board had the power to offer a pardon, the electoral reform group said that the decision would affect the rakyat’s perception of the judiciary.

“Why was Najib’s case prioritised for consideration when many other inmates are waiting for a chance to be pardoned?

“The country cannot give a message that politicians who commit offenses and are found guilty for it can take ‘shortcuts’ to escape punishment, as though there are two sets of laws for the laymen and the elite,” the Bersih steering committee said in a statement today.

Yesterday, the Pardons Board announced that it had reduced Najib’s jail time from 12 years to six.

This means Najib would be released from prison on Aug 23, 2028.

In a meeting on Jan 29, the board also slashed the fine slapped on the former prime minister from RM210 million to RM50 million.

Elaborating, Bersih said the fact that the Federal Court upheld Najib’s SRC International conviction, his 12-year jail term and RM210 million fine showed that Najib had indeed “stolen” the country’s money.

“We see no need for a reduction in imprisonment or fine imposed. Thus, the Pardons Board is obligated to explain the reasons behind the sentence reduction as Najib's crime involves millions of the country's money.”

The group noted that it had previously launched an online petition to gauge the rakyat’s opinion on Najib’s pardon, and said the 150,000 signatures it gathered showed the overwhelming rejection of freeing Najib.

“Bersih would also like to reiterate our demand to the federal government and the attorney-general to stop applying for discharge not amounting to acquittals (DNAAs) in corruption cases involving politicians, pending the separation of the roles of AG and public prosecutor.”

‘Disclose reasons for decision’

Meanwhile, the CSO Platform for Reform also echoed the call for the Pardons Board to reveal the justification behind Najib’s sentence reduction.

According to the coalition of civil organisations, the episode has eroded public confidence in the government’s handling of corruption scandals.

“The right (to know the reasons behind the sentence reduction) is enshrined in the Malaysian Constitution under Article 42(9) which mandates the disclosure of any written opinion submitted by the attorney-general to the Yang di-Pertuan Agong.

“In emphasising the public’s right to this information, it not only questions transparency but also the critical aspect of upholding accountability in the legislative process.

“Article 42(9) illustrates the legal recognition of the public’s right to access details related to the pardon proceedings, indirectly increasing public confidence in the Pardons Board,” said the group’s steering committee in a separate statement.

Therefore, a full disclosure of reasons behind Najib’s prison term and fine reduction is important to give the public a clear understanding of the basis for the decision, it added.

“Issuing this unjustified amnesty will have profound implications that go beyond its immediate impact on the individuals involved. Such an act would do great damage to the fundamental principles of the rule of law and erode the essential elements that underpin a just and stable society.

“For example, an unjustified pardon would undermine the rule of law by marking a departure from the principles of accountability and equality before the law, which depends on the consistent and fair application of legal standards to all citizens.

“When an amnesty lacks a clear justification, it introduces an element of arbitrariness, suggesting that certain individuals may be exempted from the consequences of the law without sufficient reason. This affects public trust in the justice and integrity of the legal system, creating a sense of injustice among the people,” said CSO Platform for Reform. - Mkini

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