M.Krishnamoorthy
A media coach, adjunct professor and author
Malaysians are asking if it is fair for Najib Razak's jail sentence to be reduced from 12 to six years.
While Najib and his family may be grateful and overjoyed, Malaysians expressed dissatisfaction.
All goes back to the truth about the 1MDB trial, which exposed Najib's misconduct as Malaysia's Prime Minister.
A petition by Malaysians who are disgusted with the pardon is already circulating. It states: “Please sign this petition to cancel the decision by the pardon’s board.”
Newswav, Malaysia’s number one news aggregator, compiled the views of Malaysians from various news sources.
Malaysiakini’s Yoursay
1 The obvious question is - on what grounds is former prime minister Najib Abdul Razak’s pardon being sought?
2 What has the convict done or contributed to the nation that makes him deserving of his trespasses being forgiven?
3 If you are influential enough and abetted by a gang of accomplices, the law and national standing can take a back seat or also be thrown under the bus.
4 If Attorney-General Ahmad Terrirudin Salleh agrees that Najib had an unfair trial, it’s a massive slap on the face for the judiciary, including Chief Justice Tengku Maimun Tuan Mat and eight other senior judges.
5 It means we have a defective judicial system being manned by incompetent judges. If the AG tenders this reasoning, it could be tantamount to contempt.
6 The nation is at a crossroads; if it takes a wrong turn, there is no turning back. Malaysia will be an unsalvageable train wreck.
7 The documentary “Man on the Run” on Netflix says it is all about how billions were robbed.
8 In that interview, Najib agreed that he was reckless and knew nothing about what was happening around him while he was PM.
8 He believed everyone around him was backstabbing and not doing their job.
9 By saying so, he was, at that moment, backstabbing everyone who served him and throwing them under the bus.
10 For all the grotesque things he has committed, jail is a luxury; most countries would have bestowed capital punishment. Pardoning him is definitely out of the question.
11 In the Middle East, they would have cut his hand, and in China shot him dead.
12 Najib has shamed the country internationally as a worst-case kleptocracy, he has left a multi-billion-ringgit debt burden on our taxpayers.
13 He has been given a fair trial and convicted unanimously by nine judges, and he has more pending severe 1MDB-related charges in court.
14 Pardoning him slurs the judiciary and the people's verdict at the 14th general election.
15 Malaysia will be seen as a lawless country, derailing investors' confidence.
16 The claim by his inner circle that his pardon will bring back Umno supporters and strengthen Umno is a long shot as it also has the potential to backfire, deterring voter confidence and destabilising the present government.
17 It’s convoluted logic that Najib would help gain Malay support.
18 They had been disillusioned by the Johor by-election when BN fared very well in what was then a weak Bersatu and Perikatan Nasional in a state where BN had also done well in the recent state election, without Najib.
18 So much so that they have forgotten how Najib and 1MDB brought down the once mighty BN in 2018 when the majority, including the Malays, overwhelmingly rejected them.
19 A convicted person must serve their time or a significant portion before other considerations can be considered.
20 What we see here is political hype by vested-interest politicians.
From the news portals:
21 Former MACC special operations director Bahri Mohd Zin, who played a prominent role in the SRC International probe, was shocked at the Pardons Board’s decision to reduce Najib Abdul Razak’s jail sentence. (Malaysiakini)
22 Bahri: Would the accused (Najib) be pardoned again if found guilty (in the other cases he is facing)?
23 “What would happen to other offenders who steal the government and the people’s money at a much lesser scale than the accused?
24 “Are they not given the same rights as the accused?” Bahri questioned.
25 The public has a right to demand transparency and disclosure of the basis of Datuk Seri Najib Razak's sentence reduction by the Pardon's Board, says the Centre for Independent Journalism. (NST)
25 "We want justice to be observed, not undermined for political expediency or otherwise.”
26 The 70-year-old former Pekan member of Parliament is still facing four charges of abusing his position to obtain bribes totalling RM2.3 billion of 1MDB funds and 21 charges of money laundering involving the same amount.
27 “The bomb has finally been dropped!” says Kee Thuan Chyed in his Facebook post. The following are his comments:
28 After keeping the nation in suspense for several days, the Pardons Board has finally announced that Najib Razak's sentence has been given a 50% reduction -- from 12 years to 6 -- and his fine reduced from RM210 million to a mere RM50 million!
29 Why should the Pardons Board give this convicted thief of the people's money such a hefty discount in his jail term?
30 Why should they help this convicted thief save so much money? That money, after all, belongs to the people and should, by right, be returned to the people.
31 Instead, he has been saved from returning RM160 million. That works out to an unacceptable discount of 76%! This is ridiculous.
32 People outside the country are already laughing at us. Najib got a half-price discount, they deride. He clicked a promo code and got it, they jibe.
33 That sounds comical, but what it purports is serious. It exposes to us that a severe matter, i.e. the conviction through the proper judicial process of a man who stole millions from the people, has been trivialised.
34 The learned judges who sat in judgment of the case have been insulted and their opinions degraded.
35 What's more tragic is that higher beings aided and abetted this move by the Pardons Board.
36 As such, it will not bode well for this country. No good will come out of this travesty of justice. It erodes our values.
37 We are in danger of being unable to distinguish wrong from right.
38 What has transpired encourages us to distrust the law. It tempts us to follow the example set by the leadership of higher beings.
39 As my friend points out, why should we now pay a fine if, for instance, we are caught parking illegally? Why can't we be absolved? What is our offence compared to stealing millions of people's money?
40 And what about all those nobodies convicted of minor crimes and offences? Why not commute their sentences, too?
41 Shouldn't those who steal a packet or two of Milo or RM50 from someone else to feed their family be pardoned?
42 Why should Najib Razak be given special treatment instead of considered a common thief like the others?
43 Where is the fairness and morality in that?
44 Let us hope that even if fairness and morality are now compromised, we can still depend on our judiciary to preserve justice.
45 The lesson that judges who may in the immediate future convict Najib and sentence him to jail for his other ongoing cases could learn from the Pardons Board deed is this: From now on, they may have to hand Najib heftier jail sentences in case those sentences later get discounted as well!
46 Aliran’s executive committee is appalled and deeply disappointed by the Pardon’s Board’s decision to reduce his fine from RM210m to RM50m.
47 Judging by the reaction across social media and messaging platforms, this concern is shared by many others in Malaysia and overseas.
48 We would like to ask the Pardons Board to make public the grounds for its decisions and the factors that are tied to Najib.
48 We note that Najib has never publicly expressed regret or remorse for his wrongdoing.
49 In a review of his Federal Court’s conviction, another panel of the Federal Court noted that the earlier panel had considered 94 grounds of appeal, written submissions and previous lower court decisions which had heard Najib’s case.
50 By a 4-1 majority, they concluded that there was no merit for a review of the previous court’s decision to convict and sentence Najib.
51 “The applicant contends that his right has been breached,” the Federal Court judges said.
52 “However, here, it is clear that the applicant is the author of his misfortune. We do not see any reason to review any decision of the earlier panel of the Federal Court.”
53 Given the public reaction and the international scrutiny this case has received, the Pardons Board needs to make public the grounds for its recommendations for Najib’s sentence to be commuted.
54 We are also concerned about the implications of this decision on the government’s anti-corruption drive, especially its investigations against other high-profile figures and their family members.
55 Many are also wondering what message this decision sends to others – judges presiding in future cases involving high-profile figures, would-be white-collar criminals, prisoners serving sentences for corruption and theft, and investors deciding whether Malaysia is a secure place to do business.
56 What does it mean when a person who has caused the country so much harm comes away with a reduced sentence?
57 What does this mean to other prisoners who have committed lesser crimes but have to endure their full sentences?
58 Indeed, the entire system of administration of justice is now under the spotlight.
59 Support the struggle to build a Malaysia based on Justice, Freedom and Solidarity.
60 CSO Platform for Reform regrets the pardon and further urges the Pardon Board to reveal the justification for the pardon of 50% of the prison term and 76% for the fine to be paid by Najib Razak.
61 This action has indirectly caused the public to have less confidence in transparency in handling the biggest corruption scandal that has ever happened in this country.
62 The Madani government, administered by Anwar Ibrahim, should present the reason for the 50% reduction in prison sentences and the 76% fine that Najib Razak has to pay to the public to show their transparency in fighting the issue of corruption.
63 This right is enshrined in the Malaysian Constitution under Article 42(9), which mandates the disclosure of any written opinion submitted by the Attorney General to the King of Malaysia.
64 In emphasising the public's right to this information, it questions transparency and the critical aspect of upholding accountability in the legislative process.
65 Article 42(9) illustrates the legal recognition of the public's right to access details related to the pardon proceedings, indirectly increasing public confidence in the pardon board.
66 Moreover, the importance of transparency in this regard goes beyond mere procedural compliance.
67 The Pardon Board needs to function as a foundation for instilling public trust in the pardon mechanism mandated by the Constitution.
68 In Najib Razak's situation, transparency can be put into practice by fully disclosing the reasons behind his application to give the public a clear understanding of the basis for obtaining the pardon.
69 Issuing this unjustified amnesty will have profound implications beyond its immediate impact on the individuals involved.
70 Such an act would significantly damage the fundamental principles of the rule of law and erode the essential elements that underpin a just and stable society.
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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