Letter to Editor
Editor’s Note: The 1Malaysia Development Bhd (1MDB)-Tanore trial is expected to resume in the High Court tomorrow (Aug 25) with former prime minister Datuk Seri Najib Razak expected to temporarily leave his Kajang Prison cell to attend the trial.
“Normally in criminal trials, the presence of the accused person is required during proceedings,” wrote theedgemarkets.com’s seasoned court writer Hafiz Yatim. “If this happens, an order to produce (OTP) would be issued by the court to the Prisons Department to secure his attendance.”
While Najib who is affably known as Bossku is most welcomed to attend the pending four more court proceedings related to his past misdeeds, Malaysians are obviously not in favour of him being granted a royal pardon.
For the gravity of his crime, he must be made to serve the full length of his 12-year prison sentence as well as settle his RM210 mil fine with no penny less.
ALTHOUGH disgraced Prime Minister Datuk Seri Najib Abdul Razak has 14 days to file for Royal Pardon, this is not an option that would be accepted by the people.
It would certainly not look good for UMNO as a political party either as people link Najib to UMNO. Public opinion is that – whether UMNO leaders or otherwise – no one is above the law.
No one, with a sound mind, would agree that the former UMNO veteran and MP of Pekan be given a special treatment by the Agong.
Even when Najib appeared in the palace for a meal together with the Agong, public outcry was loud and clear. Here was a convict who was allowed to move freely in the royal palace, bringing disgrace to the good name of the monarchy.
The odds against Najib
Therefore, it is unlikely that the Agong will grant him a pardon, especially with a case that involves 12 years of imprisonment and a fine of RM210 mil. This is also a case that has attracted international attention over 10 years.
The case has gone all the way to the apex court, and all nine judges – one at High Court, three at Appeal Court and five at Federal Court – have found Najib guilty as charged.
Credit should go to the ad hoc prosecutors Datuk Seri Sri Ram Gopal and Datuk V. Sithambaram who did a fine job in presenting the evidences in court.
The evidences against Najib in the SRC International case is insurmountable. Except for attempts to recuse the Federal Judge, Tun Maimun Tuan Mat and to discredit the then High Court judge, Datuk Mohd Nazlan Mohd Ghazali who found Najib guilty, Najib’s lawyer had failed to offer fresh evidence that could turn the case around.
Zaid Ibrahim and Hisyam Teh Poh Teik, despite knowing that they were fighting a losing battle, had miscalculated their move by claiming that they needed another few months to study the case.
Therefore, the five federal judges who decided unanimously to reject Najib’s appeal have made the right decision instead of wasting more of the court’s time. The felon has to be sent to the gaol!
Public opinion is that Najib had committed these crimes as alleged, and if not for Nazlan’s decision to allow the jail terms to run concurrently, Najib would have to spend the rest of his natural life in jail. In total, it would be 72 years! So 12 years is, therefore, a fair sentence for the Pekan MP.
(Editor’s Note: Najib Razak may automatically lose his status as Pekan MP 14 days from today unless he files a review within 14 days or that a royal pardon is given within that period, according to Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun.
This in line with Article 48 of the Federal Constitution which provided for a person to be disqualified as an MP if he or she is convicted and sentenced to more than one year in prison or a fine of not less than RM2,000, and does not receive a royal pardon.)
To seek for royal pardon without spending at least three-quarter of the term in jail, Najib would bring great dishonour even to the palace. In the case of Datuk Seri Anwar Ibrahim, it was a crime against certain individuals, but Najib’s crime has left the nation in debts amounting to billions of ringgit to be settled.
Good behaviour and ill health poser
As members of the civil society, we had endured all the nonsense of this felon and his spouse. And public opinion is that the time has come for them to ‘chill it’ behind bars. Those who want to continue his legacy would probably have to end up in the same prison.
For someone who has irked the whole nation throughout the past decade, Najib cannot anyhow appeal to the Agong on account of good behaviours.
There are many more prisoners who were committed to life imprisonment who deserve to be pardoned, and these are the cases that should receive the royal pardon with the hope that when they return to society, they are able to contribute to society in a positive manner instead of playing on racial and religious sentiments.
It would not surprise us if tomorrow, Najib complains of illnesses or poor health. At his age, anything can happen, yet such is not a good excuse for clemency.
Many aged politicians overseas have been serving their prison term without the benefits of a royal pardon. A crime is a crime, especially one that has made such a great impact on the nation’s well-being. Najib should not think he is anyone special. – Aug 24, 2022
Stephen Ng
Kuala Lumpur
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main photo credit: Finance Twitter
