Projek Sama calls upon Najib Razak to ensure that all three of his remaining cases are disposed of by the court – either through a full trial or a plea bargain in accordance with Section 172C of the Criminal Procedure Code – if he seriously wishes to seek a pardon for his SRC conviction.
These remaining cases are 1MDB-Tanore (where he was sentenced to 15 years and fined RM11.4bn, currently in the process of appeal), Ipic and SRC2 (both currently on trial).
Najib’s son and Langkawi Umno division chief Nazifuddin Najib expressed his hope that a landslide victory for Barisan Nasional in the upcoming Johor state election would legitimise calls for Najib’s pardon.
While some Umno leaders subsequently clarified that election outcomes have no direct connection to the pardon process, it remains paramount to look beyond mere process and procedure and examine the deeper meanings and implications of pardons.
Najib’s four convicted and ongoing cases involve a total of RM9.0bn – an amount large enough to build 93 new schools or 34 new hospitals.
If an average person earns the median monthly wage of RM 2,864, they would have to work for 310,653 years to save this astronomical amount. (See the ‘story’ in the “Prosecutorial Accountability Watch” database/)
Alternatively, if the about 570,000 people in Malaysia who turned 18 last year all earned RM2,864 a month, this entire cohort of half a million youths would have to pool their total income for 5.5 months just to match it.
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Projek Sama calls upon Najib and his families to stop seeking a VIP out-of-jail card through the ballot box or palace lobbying. To secure a quick release, Najib must do three things:
- Ensure that his remaining cases of 1MDB-Tanore, Ipic and SRC2 are fully disposed of, either through the trial process or through a plea bargain in accordance with Section 172C of the Criminal Procedure Code
- admit guilt and issue a public apology to the people of Malaysia for stealing public funds, instead of tarnishing the criminal justice system and claiming victimhood of political persecution
- retire from Malaysian politics
When Najib’s pardon plea is presented before the members of the Pardons Board and the Agong, the gravity of his financial crimes and the long-term harm he has caused to all the people, including future generations, must be taken into consideration.
Ordinary people must never be left with the impression that there are two distinct classes (dua darjat) – the elites in power and all others – when the same law is applied.
Pardons are granted after the full exhaustion of the judicial process, most often to show compassion when this is not permitted within the confines of law.
It is sometimes used to correct a miscarriage of justice resulting from the trial process.
They are also sometimes used to facilitate political reconciliation, especially when the convicted individuals are popular leaders.
Whatever the considerations, pardons are meant to supplement justice, not to undermine it.
Regardless of the procedures involved, pardons become unjustified and leave a bad taste if they undermine the rule of law and erode the public’s faith in the criminal justice system.
Pardoning Najib falls squarely into the category of political reconciliation, not compassion.
Internationally, pardoning former heads of government convicted of crimes is not unprecedented. Hence, Malaysia should closely study how other countries navigate political pardons or clemency to find a reasonable solution.
In Asia, South Korea holds the record of imprisoning five of its former presidents: two for corruption and treason (staging a coup and massacring protesters), two for corruption, and one for insurrection (attempting a self-coup through a martial law proclamation).
On July, the South Korean Supreme Court upheld a lower court’s seven-year prison sentence for former President Yoon Suk Yeol – who is already serving a life sentence for insurrection – for obstructing arrest.
For three decades since 1996, South Korea has consistently sent a message: no criminal is too powerful to escape the long arm of the law. There is no room for ‘dua darjat’ (double standards).
The four imprisoned ex-presidents before Yoon received pardons before completing their full prison terms: Chun Doo-Hwan (life sentence), Roh Tae-woo (17 years), Lee Myung-bak (17 years) each served about two years, while Park Geun-hye (25 years) served four years and nine months.
All of them retired from politics.
Both Roh and Park issued public apologies, and Roh, Lee and Park fully or partially paid off their fines.
Should Najib be pardoned now only to be jailed again for any or all of his remaining cases, will he then file another pardon plea?
Or, would his pardon with ongoing cases create a perception that Najib is now exempt from imprisonment? If so, if he is ultimately acquitted, will the public still believe in the criminal justice system and the rule of law?
Operationally, if Najib wants to exercise his right to pardon now, he must enter a guilty plea with the prosecution for the three cases for a lesser offence. This would save him legal fees and also vast amounts of taxpayers’ money spent on prosecuting him.
Conversely, if Najib believes he is innocent in these cases and wants to fight for acquittals in court, he must wait to file any pardon pleas until all these ongoing trials are officially concluded. – Projek Sama
The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.
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