KUALA LUMPUR (Feb 5): G25, a civil society organisation consisting of influential Malays, has called for the Pardons Board to rescind the reduction in time behind bars and the fine meted out to former prime minister Datuk Seri Najib Razak.
G25 also raised the question of why Putrajaya’s executive branch got involved in fast-tracking Najib’s pardon application.
In a statement, the organisation wrote that it views the Pardons Board’s decision as a travesty of the nation’s justice system, and requests the board provide the public with a written reason for its decision, or at the very least the written opinion of the attorney general to the Pardons Board under Article 42(9) — which requires the Pardons Board to consider the AG’s written opinion prior to tendering their advice to the Yang di-Pertuan Agong.
In contention to the Pardons Board’s decision, G25 highlighted that 13 judges — at the High Court, Court of Appeal, and Federal Court — had found Najib guilty of all charges preferred against him in the RM42 million SRC International Sdn Bhd graft case.
“In considering the reasonableness or otherwise of the Pardons Board’s decision, we also must not lose sight of the fact that Najib has only served 17 months of a 144-month sentence,” the organisation said in the statement.
Besides this, G25 underlined that Najib also faces three other graft cases linked to 1Malaysia Development Bhd (1MDB), namely the ongoing RM2.28 billion 1MDB-Tanore case, the RM27 million SRC case, and the RM6.6 billion criminal breach of trust case involving 1MDB's dealings with the International Petroleum Investment Company (IPIC).
SRC is a former subsidiary of 1MDB.
“Najib is also facing a tax recovery action case. The Inland Revenue Board is proceeding with its case to recover RM1.7 billion in unpaid taxes,” G25 added.
In light of this, G25 said it finds it “highly incredible” that Najib's sentence has been reduced from 12 years to six and the fine against him from RM210 million to RM50 million, all the more so when the person in question has not admitted guilt, shown remorse, or made any restitution of the money he embezzled.
“Given the seriousness of the matter that will certainly affect the image and credibility of our nation, both domestically and internationally, we express our profound hope and expectations that the matter could be revisited at an early meeting of the Pardons Board to rescind the decision to grant Najib a partial pardon,” it said.
Why did Anwar and Zahid fast-track Najib’s petition?
Other than criticising the Pardons Board’s decision, G25 also had qualms about Prime Minister Datuk Seri Anwar Ibrahim and Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi's alleged involvement in fast-tracking Najib’s pardon application.
G25 said that according to former AG Tan Sri Tommy Thomas, as a matter of convention, among the criteria for a pardon is that the prisoner must have served one-third of their jail sentence before applying, and not have any other criminal cases pending.
Citing an article published by Malaysiakini, G25 said it quoted Umno Supreme Council member Datuk Lokman Noor Adam thanking Anwar and Zahid for fast-tracking Najib’s pardon application.
In particular, Lokman reportedly said Najib’s pardon petition was only to be heard after undergoing one-third of his sentence (four years) but skipped the alleged informal requirement due to the “efforts” of Anwar and Zahid.
“Now, why should Anwar and Zahid be involved in fast-tracking Najib’s application?
“Further, by fact-tracking Najib’s application for a pardon before the Pardons Board, while there are many other prisoners in the queue waiting for their pardon applications to be heard, isn’t this being inconsistent with Article 7 of the Federal Constitution, which provides for equality before the law?
“Shouldn’t Najib wait for his turn to have his application heard before the Pardons Board, like everyone else?
G25 underlines that the power to grant pardons resides with the Yang di-Pertuan Agong, and as such, it is imperative that the power be exercised with dignity and wisdom with irrelevant considerations cast aside.
“The law is no respecter of persons. Justice must always be upheld no matter what. Those entrusted to uphold justice and the law must not on any account betray that trust. We, in G25, earnestly hope that what had happened will never recur in the future,” it added.