A PARDON for Datuk Seri Najib Razak would erode confidence in the judicial process and make a mockery of the administration of justice in Malaysia.
Umno appears to be in a hurry to push for an early pardon for convict Najib, using as its basis the sole dissenting judgement against the guilty verdicts of 13 other judges at the high court, Court of Appeal, and in two Federal Court panels.
We are concerned about what appears to be a concerted campaign of manipulation of the facts and disinformation about how the system of administration of justice works and the attempts to undermine the finality of the process at the Federal Court.
In the first place, the Malaysian Anti-Corruption Commission (MACC) should not have gotten involved in investigating justice Datuk Mohd Nazlan Mohd Ghazali for the alleged conflict of interest.
De facto law minister Datuk Seri Azalina Othman Said must clear the air. Najib’s lawyers had asserted that in her March 20 reply to Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah, she stated that “the answers to the questions (you have set out) are in the affirmative”.
Shafee had raised three questions in his March 15 letter, including whether Nazlan had a conflict of interest.
But any investigation of the judge who had convicted Najib should have been left to the judiciary, which has its own procedure and Judges’ Code of Ethics.
On February 24, a seven-member Federal Court panel led by Chief Justice Tun Tengku Maimun Tuan Mat ruled that the MACC investigation of Nazlan had disregarded judicial independence and protocols.
This clearly showed that the MACC had overstepped its jurisdiction. It is ironic that MACC thought it fit to get involved when its own chief, Tan Sri Azam Baki, remains mired in an unresolved controversy over the purchase of shares.
This controversy severely tarnished the reputation of the MACC.
Umno should not short-circuit the pardon process now by seeking an appointment with the Yang di-Pertuan Agong. The matter should be left to the Pardons Board and take its usual course instead of being fast-tracked.
Prime Minister Datuk Seri Anwar Ibrahim should recuse himself from any involvement in the Pardons Board, as he himself could be in a position of conflict of interest.
Much wheeling and dealing took place behind closed doors after the general election last November.
Many have suggested the possibility that Anwar may have been pressured to exert his influence in seeking a pardon for former Umno president Najib in return for Umno’s cooperation in his “unity government”. We hope this is not the case, but that is the perception among some quarters.
We note that public opinion is overwhelmingly against a pardon, with about 150,000 signing a petition opposing a pardon with only 5% of that figure in favour, in a rival petition.
We urge all quarters to desist from exerting pressure for Najib’s early release, which will cause untold harm to Malaysia’s international image and investor confidence.
Remember, this is part of the world’s largest financial scandal – 1Malaysia Development Bhd. It severely tarnished the nation’s image and saddled it with enormous debt – money that could have been used to ease the suffering of millions of ordinary people.
A pardon for Najib would erode confidence in the judicial process, undermine the rule of law and make a mockery of the administration of justice in Malaysia.
Not only would it set a dangerous precedent, but it would also have grave implications on how the law is perceived.
It would give the impression that serious white-collar crime – which despite being rigorously processed by the Malaysian legal system, spanning years of trials and expending enormous national resources – can be easily pardoned just because of the ‘exalted’ status of the criminal.
It would be a victory for attempts at manipulation and misinformation that have sought to undermine confidence in the judiciary.
It would also shatter the image of Anwar’s administration as a reformist government that has set its sights on enhancing good governance and repairing the immense damage done in the past.
May justice and good sense prevail. – The Vibes, April 10, 2023
Aliran is a reform movement in Malaysia promoting justice, freedom, and solidarity
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