Social media has been in an uproar following the announcement by the Pardons Board chaired by the former Agong to half the jail sentence on former prime minister Najib Abdul Razak.
This decision announced on Feb 2 made the national and international news, with several media agencies adding the coda that the reduction in Najib's sentence comes amid accusations that Prime Minister Anwar Ibrahim is backsliding on promised reforms to combat corruption.
Prominent contributors in the English language social media and WhatsApp chatter on this issue have been members of the legal fraternity, NGOs and former and serving politicians.
Whilst less attention may be given to the views of politicians - past and present - who have their own political agenda and for whom the controversy serves as a public relations opportunity to be in the limelight, consideration needs to be given to the views of the other two less politically aligned groups on what they see as the potential ramifications of the pardon decision.
Contrasting legal eagles’ comments
Among the legal eagles to come out with comments, one critical of the pardon is Hannah Thomas, daughter of former attorney-general Tommy Thomas who led the prosecution in the 1MDB case against Najib.
She said - “[t]he purpose of a pardon application is to demonstrate that the relevant prisoner is deserving of clemency because they accept their wrongdoing, have learnt their lessons and turned over a new leaf.
“None of these essential pre-conditions to a proper pardon application exists in Najib’s case. For this reason alone, the board ought to have rejected his application. It is inherently flawed and never passed muster.”
She further noted - “The ramifications of the board’s decision are grave and immense. Firstly, there’s the stinging sense of injustice and betrayal the nation feels. We put our trust in the Pakatan Harapan government, we marched on the streets for change and it has all been for nought.”
A different legal point of view is provided by Sultan Hamid Abu Backer, a retired judge.
In his comment which draws on the separation of powers doctrine enshrined in the nation’s Constitution, he clarified that pardon is a power given to the Malay rulers – the Yang di-Pertuan Agong and the sultans – as well as the governors, under the Federal Constitution and the Criminal Procedure Code, which allows them to relieve a person from all or some of the legal consequences of a criminal conviction.
For him, as a noteworthy whistle-blowing judge, the way forward in this case is a royal commission of inquiry (RCI) on the judiciary to ensure that the doctrine of the separation of powers is “more than a myth”.
In his words - “The RCI is long overdue and much needed now.
“It must be robust in its inquiry and independent, which means that it must be presided over by foreign judges of international repute who are equipped with an unerring sense of the rule of law.
“The time has come for the Malay rulers, who through the Yang di-Pertuan Agong preside over all three branches of government, to step in and immediately call for the RCI to be convened as a first step towards setting the country back on its proper course.
“At the end of the day, proponents of social justice must stand up for the rule of law, even if it means favouring murderers and kleptocrats.”
Bersih’s warning of mobilising people
Among the NGO stakeholders in this case, perhaps the most publicly visible is Bersih.
Bersih’s response in its press statement expressed concern that the reduced sentence was the latest “reward” doled out by Anwar’s administration to “political elites”.
The organisation argued - “[t]his situation sends a strong signal that the people can no longer remain silent, as the trajectory for institutional and political reform in the country veers off course”.
The NGO ended with this warning: “Bersih will not hesitate to mobilise the people to take to the streets, as this is the language best understood by those comfortably in power, regardless of the various excuses given”.
Public opinion on Najib’s pardon
Although no opinion polls are available to gauge the response of the Malaysian public to the reduction in penalty for the case, there is some indication that most are generally unconcerned, or even disinterested.
This can be deduced from the public petitions posted on Najib’s case on social media.
An English language petition to cancel Najib’s pardon started on Feb 3 by “Open Mind” has drawn less than 15,000 signatories.
Another petition in the Malay language by Bersih addressed to the Agong and titled “Najib Tidak Wajar Diampunkan” started in August 2022 has drawn a total of 157,516 signatories with only 613 supporters during the last week.
It does not appear that there is any public appetite for a demonstration on this issue.
Other takes
Away from the exchange and noise in social media, what is important in this case is its potential impact on the country’s next general election and longer-term political future.
Both coalitions will attempt to position themselves to benefit electorally from the developments in this and other cases involving Najib and similar political cases currently being pursued and in the making.
Meanwhile, Anwar has become a lightning rod for the mostly negative English social media reaction to the case.
A standout dissenting voice is that of M Bakri Musa, activist blogger, who in a recent commentary titled “Anwar’s Anti-Corruption Crusade Is Less Machiavellian, More Pragmatism”, points out that Anwar faces formidable obstacles, real as well as perceptual, in his fight against corruption.
He also noted – “The recent royal partial pardon for Najib does not alter the dynamics or reality, the ensuing hullabaloo and explosive diarrhoea of commentaries notwithstanding.
“That pardon was but mere Malay shadow play; a needed but not-so-entertaining distraction”.
To me, a key takeaway of the pardon decision is the relatively quiet reaction from Perikatan Nasional as it assesses the Malay response.
The only significant public statement to emerge from the opposition so far is that of Bersatu Youth chief, Wan Ahmad Fayhsal Wan Ahmad Kamal who called on the Pardons Board to explain the considerations taken and how it arrived at the decision to avoid talk and confusion among the people.
To him and other PN leaders - justifying their deafening silence whilst they are appraising the Malay mood and judgement - “All quarters must respect the decision of the Pardons Board which was chaired by the former Agong, Sultan Abdullah Sultan Ahmad Shah, to reduce Najib’s sentence.” - Mkini
LIM TECK GHEE is a former senior official with the United Nations and World Bank.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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