C4: Reform pardon system, Najib didn't deserve such mercy

 

The Center to Combat Corruption and Cronyism (C4) today called for a reform of the country's pardon system to ensure only those deserving can be considered for such mercy.

This came in response to the Pardons Board’s decision that halved former prime minister Najib Abdul Razak's jail sentence in SRC International case to six years, on top of a hefty discount on his RM210 million fine imposed by the court.

In a statement, C4 said there is serious doubt as to whether Najib deserved such mercy considering the crimes he had committed when leading the country.

"In his position as the nation’s leader, he abused the authority and trust reposed in him by voters to unjustly enrich himself to the detriment of all other Malaysians.

"The Court of Appeal referred to his SRC International case as a 'national embarrassment'. He still has several pending criminal trials for other corruption-related offences and a summary judgment of about RM1.69 billion in unpaid taxes due to the Inland Revenue Board," the statement said.

"His legacy is tainted with multiple instances of massive theft from the Malaysian people. His actions have imposed exorbitant debts upon innocent taxpayers, depleting public funds which could have provided for our citizens for years to come.

"Is this truly the sort of person who deserves clemency?," the NGO added.

It also pointed out the fact that in Najib's case, the power to pardon comes under the ultimate discretion of the Yang di-Pertuan Agong.

This power, it said, has been repeatedly declared by the judiciary as something that cannot be challenged even by the courts.

Thus, C4 suggested that the pardoning process undergoes "appropriate reforms", which include introducing mandatory minimum periods for serving prison sentences before one's pardon application can be considered.

"Suitable limits should be introduced to uphold justice and fairness for all, such as mandatory minimum periods for serving one’s prison sentence before a pardon application may be considered, and a restriction against granting pardons where other criminal prosecutions of a similar nature are still pending against the individual.

"We must be allowed to have open, sincere, and respectful discussions on this topic for the shared goal of the betterment of this nation.

"Other nations also have sets of guiding principles which shall guide the granting body in determining pardon applications, such as Canada which stipulates minimum 'waiting periods' to be eligible to apply and requires evidence of substantial injustice or undue hardship arising from the nature of the sentence or conviction," the statement continued.

Country's image

Meanwhile, in its statement, C4 also voiced its concern over the event's impact on Malaysia's image and public perception of the country's justice system.

Commutation of Najib's sentence, it added, does not undo the damage that the former prime minister has caused the nation.

"This decision comes at a huge cost: that of public funds spent on the various trials, interlocutory applications and appeals arising from Najib’s prosecution.

"Furthermore, the concerted efforts of the enforcement agencies, investigative journalists, and various foreign governments who were involved in the investigations, and most importantly, the whistleblowers who risked their lives to expose the scandal, are now all rendered meaningless.

"This decision also effectively undermines the sentencing decision made and confirmed by three levels of the judiciary, and most of all, brings the monarchy into disrepute by dragging them through the quagmire of politics and power," C4 said.

The commutation of Najib's sentence would also impact Malaysia socio-economically, it added.

Najib was originally sentenced to 12 years in prison by the Kuala Lumpur High Court over the RM42 million SRC International corruption case. He was also fined RM210 million. His conviction and punishments were upheld in the Court of Appeal and the Federal Court subsequently.

His sentence was reduced by the Pardons Board when it met last Monday.

While the reduced sentence places his release date in Aug 2028, Najib could be released earlier on “good behaviour” in Aug 2026 after serving two-thirds of his sentence. - Mkini