KUALA LUMPUR (Feb 2): One of those involved in the investigation of the SRC International Sdn Bhd graft case in 2015, who oversaw the gathering of evidence that eventually put Datuk Seri Najib Razak behind bars, was taken aback by the Pardons Board's decision to halve his jail sentence from 12 years to six, and reduce his RM210 million fine to RM50 million.
Datuk Bahri Md Zin, formerly director of special operations with the Malaysian Anti-Corruption Commission, wonders what the board's decision means for others who have similarly been convicted of stealing government funds, but involving much less quantums, and are serving their sentences in full.
Bahri also pointed out that Najib is facing three other graft cases linked to 1Malaysia Development Bhd, namely the ongoing RM2.28 billion 1MDB-Tanore case (so named as it refers to the fund's transactions involving Tanore Finance Corp), the RM27 million SRC case, and the RM6.6 billion criminal breach of trust case involving 1MDB's dealings with the International Petroleum Investment Corp.
“What will happen to these cases now? Will he receive a pardon or have his sentences reduced again if he gets convicted?
“What about other offenders who stole from the government, from the public? Will they be given the same consideration as Najib? It is difficult to imagine what the public's perception of our justice system is now,” he said.
He said the country's justice system had already suffered a blow when Datuk Seri Ahmad Zahid Hamidi's graft case, in which his defence had already been called, was suddenly granted a discharge not amounting to an acquittal (DNAA) following the Attorney General's Chambers' decision to halt proceedings against him.
“I am worried. Won't people start questioning what sort of laws we have that the poor face 100% punishment under the law while the rich and with status seem to have a different set of laws?” he asked.
Najib is currently serving his prison sentence in Kajang after the apex court dismissed his final appeal in the RM42 million SRC case in August 2022. In a brief statement released on Friday, the Pardons Board said Najib's release date would now be Aug 23, 2028, while the RM210 million fine has been reduced to RM50 million.
Former Court of Appeal judge Datuk Seri Mohd Hishamudin Md Yunus was devastated by the Pardons Board's decision.
"I am deeply appalled by the reduction of the sentence. Obviously it is a mockery of the justice system," said Mohd Hishamudin, who is now chairman of the Malaysia Competition Commission, when contacted.
Criminal lawyer Rafique Rashid Ali, meanwhile, demanded that the Federal Territory Pardons Board give an explanation as to what sort of advice it had given to the last king that resulted in Najib's jail sentence being halved and his fine reduced.
“Since the Federal Territory minister is on the board representing the government, she should explain.
“Can the board also explain how the fine is reduced to only RM50 million from RM210 million? If the sum is halved, it should be RM105 million,” said Rafique, a lawyer for Parti Pejuang Tanah Air Malaysia.
A senior lawyer who declined to be named said those who were involved in Najib’s prosecution and investigation must certainly be disappointed with the Pardons Board's decision.
Can Najib’s remaining jail time be turned into house arrest?
Another criminal lawyer Mohd Haniff Khatri Abdulla raised the question whether Najib’s reduced jail term could be relaxed further into a house arrest and cited Section 46 of the Prisons Act, which stipulates that any convict who receives a pardon can be given a parole by the Parole Board.
“The Parole Board can decide that after the convict had served half of his jail sentence, the person could be paroled and be placed under house arrest. So, after Najib serves (half) his sentence by Aug 23, 2025, he can be brought to parole and have his sentence be reduced further,” he said.
Haniff said this happened to former Selangor Menteri Besar Datuk Seri Mohd Khir Toyo, who was placed under house arrest. In 2015, Mohd Khir was sentenced to one year in jail for using his position to obtain land and bungalow in 2007, but was granted parole after serving six months in Kajang Prison.
“So, will this happen? Will the rest of his prison sentence be served in his house?” he asked.
The possibility of DNAA for Najib's other 1MDB-linked cases
The lawyer further questioned if what happened to Zahid, who was granted a DNAA after the AGC halted their proceedings against him, would similarly happen in Najib's three ongoing cases.
Former Damansara MP Tony Pua, who has previously been critical of the former prime minister and his handling of 1MDB, in a tweet sarcastically asked "Can someone send me to jail for 1 year and in exchange, pay me RM50 mil?"