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Monday, February 5, 2024

What next for Najib? DNAA?

There is no prisoner in Malaysia less deserving of a fast-tracked commutation of a sentence or steep cut in fines than former prime minister Najib Abdul Razak, who stands unrepentant of vile crimes committed against our country.

So bad is the decision of the Pardons Board that no rational person can come to any other conclusion: it is a political deal executed in the desperately erroneous belief peddled by Umno Baru that Najib’s political return will shore up the coalition government’s fall in Malay support.

The question has to be asked whether there will be a withdrawal of the other, even more serious charges against Najib, which together with a remission of sentence for good behaviour, could see his return to politics by August 2026, in time to participate in the next general election in 2027 or early 2028.

In some countries, considering that at least US$4.5 billion (RM21.23 billion) was stolen from some US$6.5 billion of borrowings from 1MDB, a state corporation directly under Najib as finance minister, that act of kleptocracy alone would be considered treason.

Malaysia has no treason laws.

Not only did Najib facilitate this stolen money but it was used shamelessly in the most blatant, reckless, prurient, showy, and obscene form of spending by his accomplice Jho Low, part of which was spent on Najib and his family.

Low is still at large and widely believed to be in China.

Fugitive businessperson Jho Low

It brought with it untold damage to Malaysia in terms of reputation lost, confidence eroded, investments lost, outflows of funds, economic opportunities foregone, time wasted on things that should not have been, and more.

Further, Najib stands charged with multiple other offences, all involving the largest heist ever in the world of billions of ringgit from 1MDB, in Malaysian courts, which are currently in progress.

If he is found guilty of those, it would reveal that he had utter contempt for and deliberate disregard for the rule of law.

He abused fiduciary power entrusted to him to enable the theft of over RM20 billion in all from 1MDB through a veil of loans, guarantees, and transfers for non-existent businesses.

Let’s not forget the fact he dismissed and harassed into submission law and regulatory officers who were investigating 1MDB and who were on the brink of making charges related to the case, making mincemeat of his defence that he was not aware of the frauds.

PM’s anti-graft stand a laughing stock

If he had not lost the 2018 election and a new government put in place, none of this would have come out into the open. Lord alone knows how much more damage he would have caused the country and all Malaysians as a result.

A raid on Najib’s house and properties post-2018 election revealed over RM1 billion worth of handbags, jewellery, cash, and other valuables in many suitcases, an unexplainable hoard of wealth that further incriminates him.

This is the man for whom Umno Baru, the most corrupt political party in the country, many of whose divisional leaders received funds stolen from 1MDB, demanded a pardon. Its youth division is now saying they will work towards a full pardon for him.

DPM Ahmad Zahid Hamidi

However, Umno is no longer synonymous with Malays, with the party suffering its worst defeat ever at the 2022 polls, winning a mere 26 seats.

Deputy Prime Minister Ahmad Zahid Hamidi, a strong proponent of a pardon for Najib, narrowly retained his seat.

Zahid was himself a recipient of a rather generous and also inexplicable reprieve in September last year through the withdrawal of 47 charges of corruption and money laundering charges.

This made a laughing stock of PM Anwar Ibrahim’s stated stand against corruption. The court had no choice but to give him the infamous discharge not amounting to acquittal (DNAA).

What was impossible to comprehend in that withdrawal was that the trial was well-advanced and the judge had already ruled there was a prima facie case, which means a triable case had already been established.

Anwar stood aside and did nothing, although he was the person who appointed the attorney-general (AG).

It’s impossible to believe that Najib’s partial pardon was not orchestrated. Knowing the deep public opposition likely, the blow was wilfully softened by halving the sentence to six years and reducing the fine by three-quarters to RM50 million from RM210 million.

Why pardon Najib?

First, a trial balloon was floated in the form of a Utusan Malaysia story of a full pardon.

Utusan withdrew the story. And then Channel News Asia reported that a partial pardon was decided upon, which turned out to be accurate.

PM Anwar Ibrahim

Pointedly, the Pardons Board said he would therefore be released from prison in August 2028, which would be after the 16th general election due in 2026/27. But it made no mention of possible paroles.

Legal experts opined that with a reduced sentence of six years and a two-year remission for good behaviour, he could be out by August 2026, in time for the 16th general election. If he gets a full pardon by then, why, he could even stand for election by then.

The key to that happening is if the AG, who has publicly said he does not need to give reasons for withdrawal of prosecution, withdraws at some point the charges against him.

They are:

  1. Twenty-five charges involving RM2.3 billion

  2. Six criminal breach of trust cases involving RM6.6 billion

  3. Money laundering involving RM27 million

These are strong cases against Najib and many in the legal fraternity feel he is likely to be convicted, including former attorney-general Tommy Thomas who initiated these prosecutions.

So why pardon Najib when these cases are still going on? Why not let them continue?

The only answer is that Najib is likely to have the other charges against him withdrawn, paving the way for his political return and for Umno to solidly throw their support behind Anwar.

Anwar will simply say he does not interfere in the AG’s decision, even if it is questionable. And that will be the end of it. Or will it?

Worst backlash

This Pakatan Harapan-led government will face the worst backlash ever since its inception during the time of Reformasi. Reformasi will be ridiculed and the public will be extremely disappointed with Harapan’s betrayal of the trust they placed in it.

Public and Malay support for Harapan will wane and in the ruins of their fall will rise the phoenix - PAS of course, with or without Bersatu.

First, Harapan’s fall was secured, despite victory at the polls in 2018 with their extremely dubious dalliance with Dr Mahathir Mohamad and his subsequent betrayal.

Now, Harapan stupidly thinks that Najib and Zahid are the best things since belacan paste and will save them.

After everything they have done to him in the past, including a second sodomy conviction! The next polls will show them up - they are all doomed.

Like I said on Jan 16, it is disastrous to pardon Najib. Heaven help us all - trying times are upon us yet again! - Mkini


P GUNASEGARAM, who wrote the first book on 1MDB, simply cannot understand any kind of pardon for the biggest, most unrepentant kleptocrat the world has ever seen.

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

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