THE Coalition for Clean and Fair Elections (Bersih) said the claim that there is an addendum in the royal pardon, which would allow Najib Razak to serve the remainder of his sentence under house arrest seemed to set a new precedent in the official Pardon Board decisions.
In a statement, Bersih said decisions that have been finalised could now be altered at any time.
The former prime minister on Monday filed an application in court stating he had “clear information” that then-king Sultan Abdullah Sultan Ahmad Shah issued an order during the January 29 pardon’s board meeting, which cut his 12-year jail sentence by half and allowed him to finish his sentence under house arrest.
He asked the court to have the government verify and carry out the order.
His application will be heard on April 17.
Bersih also questioned why the purported addendum in the royal pardon by the 16th Yang di-Pertuan Agong, was only being raised now and not on February 2 when the pardon decision was disclosed by his lawyer Mohamed Shafee Abdullah.
“If there indeed exists an additional section or addendum dated January 29, 2024, as claimed by him (Najib), why was this not disclosed by his lawyer earlier?”
Bersih, who seemed to be against Najib serving the remaining of his jail time under house arrest, said that based on current practices, house arrest sentences are only granted to prisoners involved in minor offences.
It said that it is normally for those serving prison sentences of four years or below through the Licensed Prisoner Release Programme (PBSL).
“Furthermore, he still faces several serious criminal charges pending in court,” it pointed out.
Another precedent that could also be set, Bersih said, is if prisoners involved in serious crimes like Najib are granted the privilege of house arrest, other prisoners who are in greater need, particularly female prisoners who still have young children to care for, could demand it.
“Therefore, Bersih” emphasises that the principle of equal justice under the law must always be upheld as the primary principle to preserve the sovereignty of the country's legal system.
In 2020, Najib was sentenced to 12 years in jail after he was found guilty on all seven counts of criminal breach of trust, money laundering and abuse of power linked to the state-owned wealth fund 1Malaysia Development Berhad (1MDB) financial scandal.
In office from 2009 to 2018, he was sentenced to 12 years in prison for abuse of power, and 10 years in jail for each of six counts of money laundering and breach of trust. - The Vibes, April 5, 2024
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