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Saturday, February 3, 2024

Najib fiasco - another national embarrassment?

 


 It is now confirmed that former prime minister Najib Abdul Razak’s custodial sentence has been commuted. Even his fine has also been reduced. The news seems to confirm the earlier report by Channel News Asia.

It is not only the decision to commute Najib’s sentence that is perplexing, the fact his application for pardon was speedily and hurriedly decided by the Pardons Board was also mind-boggling. Apparently, the hearing of his application was fast-tracked.

Yes, justice delayed is justice denied. But one must not be oblivious to another popular maxim which reads “justice hurried is justice buried”.

Irrespective of whether Najib was given a full pardon or a reduced sentence, such a decision would probably solicit calamitous public backlash. Some even argue that the news is akin to a death warrant to the present government.

As far as the law on pardons is concerned it is enshrined in Article 42 of our Federal Constitution. In one decided case, a judge of our local court held that in Malaysia, the country does not adopt the doctrine of royal pardon.

In my view, the judge is constitutionally right in making such a finding. This is because by virtue of Article 42 of our apex law, any decision by a Pardons Board is not exercisable by the king alone though he is one of the members of the Pardons Board.

After all, Malaysia adheres to a constitutional monarchy, which is totally different from the doctrine of absolute monarchy.

Guilt beyond doubt

One writer recently penned these words - “Najib is no ordinary convict but a megalomaniac who brought a nation to its knees with the help of his trusted aide, who remains at large”. I could not agree more.

To add, let me remind everyone that Najib is not only a convict who was found guilty by our court. He is a convict whose guilt was not even doubted by any of the nine judges who presided over his case from the High Court to the Court of Appeal, and then finally at the Federal Court. They have all unanimously held that Najib was guilty as charged. 

Who can fail to recall the eye-catching phrase “national embarrassment” employed by the Court of Appeal in flatly dismissing Najib’s argument that his actions should have been treated as a national duty?

There are other juicy speculations circling around as well. In the absence of any photo depicting Najib in his orange prison garb with cuffed hands, people tend to believe that this particular convict might be given preferential treatment in prison. At least, that has been the talk of the town.

Anyway, the prison authorities have denied the speculation. Perhaps to ensure such a denial may be well received by many Malaysians, the prison officials could simply show - at least once - Najib’s image in his orange prison garb with cuffed hands.

Major reputation hit on Anwar govt

Politically speaking, many foresee that the decision by the Pardons Board to reduce Najib’s prison term would stir up a hornet’s nest. Many have already claimed that the country is going to the dogs and the Madani government’s approval ratings are at rock bottom.

How can people forget that in the SRC International trial, Najib was proven to have abused his position by misusing millions of ringgit from the Pension Fund? And now, it seems that the people’s pensions might be under threat.

At present, the Madani government seems to have lost the plot on Najib’s fiasco. Having Ahmad Zahid Hamidi as the deputy prime minister has already smeared the image of the Madani government. Hence, Najib’s fiasco might worsen the reputation.

Worse, the government seems to have been trapped in a “syok sendiri” narrative in trying its best to convince voters or even its die-hard supporters.

The fact that a convict who was found guilty by nine judges has received a reduced sentence may probably send mixed signals as to the seriousness of the Madani government’s proclamation to the whole world that it is determined to wage a war on corruption. - Mkini


MOHAMED HANIPA MAIDIN is former Sepang MP and former deputy minister of law.

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

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