The Pardons Board should clarify its decision to reduce former prime minister Najib Abdul Razak’s prison sentence, said a criminal lawyer.
Goh Cia Yee said the board's statement on Friday had raised more questions than answers, especially on the status of his jail sentences in the SRC International case.
He pointed out that Najib was sentenced to a 12-year jail term for abuse of power, and 10 years for each of the six other offences (three criminal breaches of trust and three money laundering charges).
"I think one of the questions is the reduction of sentence, is it for the 12 years (abuse of power case) only?
"What about the 10 years (each) for the three other charges under CBT and the charges under the Anti-Money Laundering Act?
"What happened to those sentences? Was it a reprieve, a reduction, a commutation, or a pardon? I think it wasn't very clear," he said during an interview with BFM this morning.
Goh also raised an issue with the statement where it said the board decided to give a 50 percent reduction on Najib's prison sentence and fine.
He pointed out that the Kuala Lumpur High Court had imposed a RM210 million fine against Najib, whereas the board stated that his fine was reduced to RM50 million instead.
"When you say 50 percent, and we know that the fine is RM210 million, I think there needs to be an explanation.
"RM50 million, I find that surprising because that seems to be a quarter of the fine that is supposed to be paid.
"So, has he paid some (of the amount)? Is there a reduction from that? I think the pardon board needs to clarify that."
For the record, the government's Legal Affairs Division or BHEUU, which acts as a secretariat for the Pardons Board, has clarified that the 50 percent discount was only on Najib's jail sentence.
'Is Najib eligible for parole?'
Another interviewee P Gunasegaram, who is the author of "1MDB The Scandal That Brought Down A Government", urged the board to also clarify whether Najib would be eligible for parole.
According to Gunasegaram, the board only mentioned that Najib would now be released in August 2028 following its decision but was silent on the possibility of parole.
"So, will the reduced sentence be also valid for parole? Will it be eligible for parole?
"That's not a question which is answered, but the legal opinion is that you can get one-third remission for good behaviour on the reduced sentence as well, which means he could be out by August 2026, and that has been widely reported.
"So, this kind of issue has not been settled," Gunasegaram said.
Meanwhile, on Najib's other criminal cases that are still on trial, Goh believed that the Pardons Board's decision would not affect the judicial process.
Instead, he said, the reduction of sentence meant that the High Court judgment convicting Najib of crimes still stands.
"I mean, the judiciary should not be mindful of what the pardon process is.
"In any event, the conviction remains. So, it's likely Najib will be prejudiced by the fact that it remains. But I think the judiciary will proceed with the process," he said.
However, the lawyer hinted that Najib could still get away if his case is dropped by the prosecution.
Goh pointed to the criminal trial against Deputy Prime Minister Ahmad Zahid Hamidi, which had since been halted after the prosecution sought a discharge not amounting to an acquittal (DNAA).
He urged the government to expedite separating the attorney-general from the public prosecutor role.
"If you want to have further recommitment, as I said, reform the laws. When we had party hopping, they had party hopping laws.
"So why don't we expedite the process of separation of the attorney-general and the public prosecutor? Do it. Recommit. This is how you address public response. Say what you're going to do about it," said Goh. - Mkini
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