KUALA LUMPUR (Feb 7): The reduction of former prime minister Datuk Seri Najib Razak’s prison sentence and fine following his conviction in the SRC International Sdn Bhd case has drawn flak from the Malaysian Bar.
In a statement on Wednesday, Malaysian Bar president Karen Cheah Yee Lynn said the Pardons Board’s recent announcement puts enormous doubt in the eyes of citizens of Malaysia as well as the world, and on the Madani government’s commitment to uphold the rule of law and to eradicate corruption.
“It cannot be emphasised enough that the crimes committed by Najib are unlike other crimes, due to the rippling effect it has on Malaysians.
“Each Malaysian citizen took it as a personal betrayal of the power and trust entrusted to Najib as a prime minister, when he abused his power and pilfered from the nation’s coffers — monies that should have been used to develop Malaysia for the benefit of Malaysians,” she said.
Cheah said the Executive has lost its moral authority to address the public and to purportedly defend their fight against corruption, when it is abundantly clear that in spite of the entire nation being embarrassed and suffering from the crimes committed by Najib, singular and preferential treatment was given to him through the Pardons Board.
“The reduction of Najib’s sentence and fine was abhorrently disproportionate to the gravity of the crime committed by him," she said.
Has mercy robbed justice from the nation?
“The effect of this reduction of Najib’s punishment greatly diminishes the due process and administration of justice in Malaysia, as well as the exemplary work done by the Judiciary, lawyers, prosecutors, and witnesses who were involved throughout the SRC International case,” Cheah said.
She said there must be a full measure of recognition towards the legitimacy of the decisions of the Judiciary and the justice meted out by the courts.
Cheah said the Malaysian Bar also found it disturbing that the Madani government has chosen to curb freedom of speech, which is guaranteed in the Federal Constitution, by choosing to silence dissent using the excuse that the Pardons Board’s announcement concerns 3R (religion, race and royalty) issues, when in reality the overwhelming outcry by Malaysians is an exercise of the right to express their utmost dissatisfaction that the justice they sought by participating in the 2018 and 2022 general elections all came to naught as a result of the decision to reduce Najib’s sentence.
Cheah said the recent announcement by the Pardons Board highlights the need for reforms to the country's institutions, so as to provide safeguards and re-establish its credibility, specifically with respect to the composition of the Pardons Board. Article 42(5) of the the Constitution provides that the Pardons Board consists of, among others, the attorney general (or his/her representative) and the chief minister of the state — who in the case of the Federal Territories is the minister of Federal Territories.
She said that in order to prevent the influence of the Executive and to ensure independence in the pardons process, it is necessary to reduce, if not completely eliminate, the role of the government in the Pardons Board.
“To this end, an amendment is required to remove the influence of the attorney general and the minister of Federal Territories or chief ministers of states in the Pardons Board, and to appoint independent persons to the Pardons Board to ensure inclusivity in terms of expressions from the public.
“A further reform to the Pardons Board would be to introduce safeguards that ensure such power is exercised sparingly, as well as within clear boundaries and established circumstances or categories,” she said.
On Feb 2, Najib's jail time was halved by the Pardons Board.
The board had said that Najib's release date would now be Aug 23, 2028 and the RM210 million fine has been reduced to RM50 million.
"However, if the fine is not paid, the prison term for [Najib] will be added for one year whereby his release date is on Aug 23, 2029," said the board.