I'm leaving on a jet plane! Could convicted ex-premier Najib Razak's time in Kajang prison be drawing to a close…?
As the debate rages on in the country over the enforceability of the addendum by the previous king in granting “house arrest” to jailed ex-premier Najib Razak, his hotshot lawyer Shafee Abdullah appears bent on “schooling” the naysayers – and perhaps, even the entire legal fraternity!
In his trademark defiant style, Shafee had argued in the High Court last Monday (24 Nov) that the addendum order that allows Najib to serve the remainder of his jail sentence under house arrest is not an outright "pardon" but that it actually falls under respite and relief.
According to Shafee “99% of the lawyers” in Malaysia misunderstood the King's role in the Pardons Board!
He then went on to “enlighten” the learned judge that since the addendum fell under "respite", the king can issue such an order anytime and need not preside over a Pardons Board meeting for that!
He further asserted that the king only has to listen to the advice given by the board, but that he is “not obliged to follow the advice” and he can actually issue a decree as to what he wants to do – even at a later date.
But wouldn't that be tantamount to the king having “absolute power” – which would render the Pardons Board redundant?
During the same hearing, it was also reported that earlier the king had actually proposed for Najib to be fully pardoned and asked the Pardons Board members to present their views; however, with majority disagreeing, His Majesty had then proposed and decided to reduce the jail term by 50 per cent and to reduce the fine to RM50 million – with the “house arrest" subject not discussed at all.
Meanwhile, senior federal counsel Shamsul Bolhassan had highlighted the Federal Court's earlier ruling that the addendum order for Najib’s house arrest does not automatically become valid just because it exists, as it clearly did not fulfill the requirements under the Federal Constitution Article 42(8) and 42(9).
For the record, Article 42(8) states that the Pardons Board shall meet in the presence of the ruler and the ruler shall preside over the meeting, while Article 42(9) requires the Pardons Board to consider the AG’s written opinion before the Pardons Board gives its advice on any matter.
Nevertheless, Najib’s lawyer had contended that the king was not exercising his powers to grant pardon when issuing the house arrest order but that he was merely exercising his power to grant a “respite” which is not a pardon and does not extinguish guilt, set aside punishment or reduce the sentence: he had insisted that it only “modifies” or “eases” how a sentence is carried out.
In any case, the High Court had ruled that it will give its verdict on January 5 whether Najib can serve the rest of his prison term at home instead of at Kajang Prison.
So by cleverly leveraging on the king's addendum order which seemed to be in a “grey area” could Najib and his crafty lawyer finally claim victory?
Truth be told, nothing seems to be clear cut at this juncture and while the jailed ex-premier’s supporters may be confident of a positive outcome, the rest of the country may be waiting in dread for what could potentially trigger among others a fresh round of uncertainty in the country's already unpredictable political landscape.
Undoubtedly, it would have also raised other serious concerns:
Firstly, how can someone branded a “kleptocrat”, and who still has ongoing major court cases, be given a lenient sentence by way of home detention? This is especially so after his original jail sentence and fine were already accorded a huge “discount” earlier!
Secondly, it's a well-known fact that UMNO has always been averse to playing “bridesmaid” to anyone, be it to Muhyiddin during the pandemic era – or to DAP in the present time; as such, what are the chances that the nationalist party and its ambitious youth wing will continue to support Anwar's PH-led government perpetually?
In fact, is all the hue and cry demanding justice for Najib actually a “smokescreen” for UMNO as it tries to reclaim Putrajaya solely for itself?
On the other hand, will Anwar actually succeed in "outshining" Akmal Saleh and his cohorts by claiming some credit when Najib's house arrest finally becomes a reality? By then the ex-premier would have probably served around three years behind bars and the backlash from his own coalition partners and disillusioned PH voters may not be that severe.
Truth be told, PMX seemed to have become somewhat a “master strategist” when it comes to political chess games; after all, didn't he manage to checkmate two of his old heavyweight adversaries Dr Mahathir and Daim? While another one, Muhyiddin, has now been left literally clinging on to dear life with his party facing uncertain times.
Anwar's ingenious move?
Interestingly, an analyst had also commented that Anwar's government could still delay any final decision on the house arrest, allowing legal institutions to absorb the political pressure.
Then finally, when the time is right, it can frame the granting of the house arrest as a constitutional obligation (decided by the courts) rather than a political concession by Anwar – effectively cushioning him and his administration from blame.
Moreover, PMX probably knows that sooner or later Najib will have to be “freed”, not just to appease the growing murmurings from within UMNO, but also for his own long-term political survival; in that context, it would appear that Najib and his smart lawyer may have to wait a little longer before claiming victory.
In closing, perhaps what some observers may ask is: should Najib’s elusive “house arrest dreams” finally become a reality in the not too distant future, could it turn out to be an unlikely “game changer” for Anwar in GE16? Ironically, with only UMNO able to match the might of PN in securing Malay-Muslim votes, could the “Najib factor" actually end up helping the PH-led coalition to stay in power?
Notes to Ponder: One wonders if all that could have been in Anwar's shrewd political calculations from the very beginning; after all, in politics, where there are no permanent friends, enemies and principles – isn't “self preservation” the top priority for many politicians?
Main information source: The Edge Malaysia, Malay Mail and Sinar Daily.
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