LAW abiding Malaysians will whole-heartedly accept the Federal Court’s verdict last August to uphold ex-premier Datuk Seri Najib Razak’s conviction and sentence in the SRC International Sdn Bhd case, thus making the former Pekan MP Malaysia’s first former prime minister in the history of the country to be jailed.
At the moment, Najib and his legal/defence team are exploring international avenues as far as the United Nations (UN) to prove his innocence in his SRC International which Chief Justice Tun Tengku Maimun Tuan Mat aptly described as “entirely up to him” for insofar as “the judiciary is concerned, they have discharged their responsibility in hearing his case”.
Closer to home, however, another moment of truth awaits Najib with the looming of his judicial review hearing which has been set for one day on Jan 19. He is currently serving a 10-year jail term in the Kajang prison for misappropriating funds RM42 mil belonging to SRC International.
His sympathisers and supporters are claiming foul, arguing that one day for such a “heavy case” to be reviewed smells injustice for Najib who might have insufficient time to present his case comprehensively.
This is despite a prominent constitutional lawyer rationalising that the one-day period was a non-issue as it was purely an “administrative decision” by the courts. “The issue does not arise about injustice as Najib’s defence team will be able to present their arguments succinctly,” suggested the lawyer who spoke on the condition of anonymity.
Malaysia’s sixth PM who is also known by the moniker “Bossku” reigned from April 3, 2009 till May 2018 which coincided with the defeat of Barisan Nasional (BN) in the hands of Pakatan Harapan (PH) in the 14th General Election (GE14).
His downfall was due to a slew of 1MDB (1Malaysia Development Bhd)-related cases which are still on-going in the courts.
To-date, Najib has maintained his innocence and even went to the extent of taking an oath by pleading his innocence in a mosque. The jury is still out there whether he is innocent but “for a Moslem to take an oath pleading innocence is a very serious matter”, according to a die-hard supporter who only wished to be known as Mohd Rostam.
“People are divided on his performance as PM but to be true to him, the economy experienced growth during his tenure. However, all the good that he had done was marred by his perceived involvement in 1MDB,” he justified in a brief conversation with FocusM.
“Najib is very popular among the youth and is still an adviser to UMNO. His upcoming judicial review might be a turning point but the question whether he will be dealt fairly still lingers.”
Added Mohd Rostam: “In the SRC trial, it seemed that he (Najib) was guilty from the onset and was really never given a fair chance to prove his innocence. Judges who presided throughout his trial had questionable traits at times which could undermine their impartiality.”
Will the judicial review then be the right platform for Najib to prove his innocence after having filed a petition with the Human Rights Council Working Group on Arbitrary Detention (UNWGAD) on Jan 5 for a panel of five experts on international justice to rule that the dismissal of his appeal by the Federal Court on Aug 23 last year was unjust, flawed, and violated his basic human rights and the Federal Constitution?
While the Malaysian legal system which is a legacy from the British has served the nation well and has it merits, Mohd Rostam maintained that “the integrity of some judges is questionable”.
“Najib seems to have been judged by the media and was under heavy attack from some politicians, and this could have influenced the judiciary,” he contended. “Being a former PM, justice must be seen to be served in his case.” – Jan 13, 2023
Main pic credit: Malay Mail
