Malaysian Bar President, Karen Cheah Yee Lynn –
KUALA LUMPUR, Feb 14 – In a seismic development shaking the foundations of Malaysia’s legal landscape, the Malaysian Bar, led by its president Karen Cheah Yee Lynn, has unleashed a wave of discontent over the contentious reduction of former Prime Minister Najib Razak’s prison sentence and fine.
This bombshell announcement, emanating from the Pardons Board via the Prime Minister’s Department on February 2, 2024, has ignited a firestorm of indignation and revived urgent calls for comprehensive reform within the country’s judicial framework.
The SRC International case, an emblem of corruption and abuse of power, has been a harrowing saga that unfolded over four painstaking years across all echelons of Malaysia’s Superior Courts.
Commencing with Najib’s initial charges in the Sessions Court on July 4, 2018, and culminating in the Federal Court’s affirmation of his conviction and sentence on August 23, 2022, this legal odyssey represented not just a pursuit of justice, but a solemn declaration of Malaysia’s unwavering commitment to the rule of law.
In a statement issued by the Malaysian Bar on February 6, Cheah said the decision, undermined 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.
She said that the decision also cast doubt on the commitment of the Madani Government to uphold the rule of law and to eradicate corruption, and that it diminished the moral authority of the Executive to address the public and to purportedly defend their fight against corruption.
She also pointed out that the crimes committed by Najib were unlike other crimes, due to the rippling effect they had on Malaysians, who felt betrayed by the power and trust entrusted to Najib as a Prime Minister, when he abused his power and pilfered from the nation’s coffers.
The Federal Court’s decision, which upheld Najib’s conviction and sentence on August 23, 2022, represented more than just a victory for Malaysians, but also a message to the world that Malaysia was not afraid to bring to heel all those who break the law, regardless of their station or status in life.
Cheah said the decision of the courts to punish Najib with a prison term of 12 years and a fine of RM210 million, was disproportionately reduced to a prison term of six years and a fine of RM50 million, by the Pardons Board, which acted on the advice of the Executive.
“The granting of a pardon was not a discretionary power of the Yang di-Pertuan Agong, but a power that must be exercised on advice, and that the issuance of the announcement under the Prime Minister’s Department was rather telling of the role the Executive played in the Pardons Board,” she said.
Cheah criticised the Madani Government for restricting freedom of speech by using the pretext of religion, race, and royalty issues to silence dissent.
She argued that the outcry from Malaysians following the Pardons Board’s decision to reduce Najib’s sentence was a legitimate expression of dissatisfaction, especially considering their participation in the 2018 and 2022 General Elections seeking justice, which they felt was thwarted by this decision.
Cheah pointed that the recent announcement by the Pardons Board highlighted the need for reforms to the institutions, so as to provide safeguards and re-establish its credibility, specifically with respect to the composition of the Pardons Board.
She said that the Government should have less or no role in the Pardons Board, and that the Pardons Board should have independent and diverse members.
Cheah also said that 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, and that remorse and repentance surely must be a substantial part of such an exercise.
She said, the Malaysian Bar unequivocally insisted the deterioration of due process cannot go unchecked and unimpeded.
“It was alarming that this announcement by the Pardons Board came in relatively close succession with another controversial high-profile case, namely Ahmad Zahid Hamidi’s discharge not amounting to an acquittal in the Yayasan Akalbudi case.
Cheah emphasised the importance of ensuring that Najib does not receive a similar discharge in his ongoing 1MDB prosecution and two other cases.
She warned that such an outcome would undermine the government’s efforts to combat corruption, suggesting that it would convey the message that political power overrides the rule of law.
The Pardons Board’s announcement on February 2, 2024, highlighted the lack of transparency in the pardons process, prompting a widespread call for reforms to the board and its procedures.
Cheah said, while it was true that justice must be tempered with mercy, it was also true that mercy must not rob justice.
TNSNews