THE good image of the unity government led by Prime Minister (PM) Datuk Seri Anwar Ibrahim has so far been scarred and tarnished by the issue of royal pardoning for ex-premier Datuk Seri Najib Razak and the adjournment of the corruption case of Datuk Seri Zahid Hamidi at the Kuala Lumpur High Court.
Najib is now requesting to be released from a 12-year prison sentence and a fine of RM210 mil through a pardon by the Yang di-Pertuan Agong. The amnesty application was filed in August last year.
Meanwhile, Zahid has applied for 47 charges of corruption, abuse of power and disposal of illegal money to be dropped by the Attorney-General (AG). The representation was filed with the Attorney-General’s Chambers (AGC) by his lawyer.
From the adjournment application proceedings at the Kuala Lumpur High Court yesterday (April 10), it is clear that the prosecution is in concordance with the Malaysian Anti-Corruption Commission (MACC) by voicing no objection to the application for adjournment of the case submitted by lawyer to the Deputy Prime Minister (DPM) and UMNO president.
As such, Zahid’s trial which has been scheduled from April to July this year has been put on hold or in common language, postponed to a new date. The main reason for the delay is to await the AG’s decision on whether the 47 charges against Zahid should be dropped or not.
The development of what happened in the Kuala Lumpur High Court today is very scary and worrying.
It seems that the AG has a role in both courts. First, the AG has a position in the pardon of Najib under Article 42(5) of the Federal Constitution which stipulates that the Pardons Board chaired by the Yang di-Pertuan Agong (YDPA) should include the AG in its composition.
Next, Article 42(9) states that the Pardons Board shall consider any written opinion that may have been submitted by the AG.
Moreover, Article 42 of the Federal Constitution has clearly stated that the definition of the power available to the YDPA is subject to Article 42(4)(b) that the power of the King is carried out in accordance with the advice of the Pardons Board established in accordance with Clause (5) of Article 42.
As for Zahid’s case, the legal position of the AG is very different with the authority vested in him to use his discretion in the civil court even though he is neither the King nor YDPA. The power of the AG to drop the 47 charges against Zahid is almost absolute under Article 145(3) of the Federal Constitution.
This is dangerous and quite troubling and alarming to anyone who loves justice, transparency and truth.
Under Article 145(3), it is stated in writing that the AG shall have powers that can be exercised according to his DISCRETION to initiate, conduct or stop any proceedings for a committed offence in the civil court.
It is therefore possible that such an undesirable scenario will occur. If Najib is granted a royal pardon and the 47 charges against Zahid are dropped, then the effect of these two major developments will spell disaster for the unity government led by Anwar.
Anwar needs to be reminded. The political alliance of Pakatan Harapan (PH) and PKR will be rejected by the people in the upcoming six state elections, followed by a further rejection in the next national polls (slated for 2026).
In the end, PH and PKR will collapse and fall together with Barisan Nasional (BN) and UMNO if Najib and Zahid get off the hook so easily.
If that happens, don’t say I haven’t reminded you. – April 11, 2023
A lawyer by profession, Hassan Abdul Karim is also the two-term Pasir Gudang MP. This view of his first appeared on his Facebook page.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main pic credit: Agenda Daily
