Thursday, February 01, 2024

Najib's PARDON now may have serious impact to Malaysia, Malaysian law enforcement, prosecution and courts?

PARDON for ex-Prime Minister Najib for SEVEN offenses and sentenced to a total of 72 years and fines

For the three criminal breach of trust offences under Section 409 of the Penal Code, he ordered Najib to serve 10 years for each count.

Najib was also ordered to serve 10 years jail for each of the three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

For the abuse of power charge, he was sentenced to 12 years...

FIRST ACT OF MERCY - Rather than being ordered to serve 72 years in prison, the court ordered all the prison sentences of the 7 offenses to be served at the same time... and not consecutively. Hence, since the longest sentence was 12 years - he will in total spend 12 years. 

Now, apparently he may be PARDONED - and the prison term maybe cut confirmation of this fact. Lots of rumours

PARDON is not a cancellation of GUILT or the Court's finding of Guilt - in simple terms it a reduction of sentence for rightly a person who has REPENTED... 

Recall a former BN Minister - the 1st pardon commuted his death sentence to life imprisonment, then 7 years later, he was pardoned a 2nd time and was released in prison. Even for Anwar Ibrahim's pardon, it came just weeks before he completed his sentence. Will it be too fast for Najib to be pardoned now?

Mokhtar Hashim, a former minister who was famously sentenced to death for murder in 1983. 

1st Pardon - 1984 when his death sentence was commuted to life imprisonment, and thereafter 2nd Pardon in 1991 when he was granted a full pardon.

Well, in the case of Anwar and Mokhtar, the offences were personal in nature - murder and sodomy respectively. 

BUT, in Najib's case, the offence was ABUSE OF POWER, etc ...and the victims directly are the people of Malaysia, not just the one person killed, and the one person sodomized.  

Does the Prime Minister and/or government of the day have any influence on the timing of the pardon, and the decision of the Pardoned?

After Anwar Ibrahim was pardoned so fast after GE14 after the Pakatan Harapan came into power... most people believe that it is so - It looks like the PM and Government can influence pardons..although the ultimate decision is still with the King or the Ruler of the relevant State.

After GE15, the other main coalition PN REFUSED to form a coalition government with Anwar and the PH. 

Having little or no choice, PH ended up forming a coalition government with BN, later to be joined by others. Najib was the leader of BN and UMNO...and current President of UMNO. Zahid Hamidi, is today Anwar's Deputy Prime Minister. The previous 2 Prime Ministers after the infamous 'Sheraton Move' interesting kept the 'court cluster' MPs like Zahid Hamidi out of the Cabinet - but Anwar made him Deputy Prime Minister...

Ex-PM Najib sentence of 72 years imprisonment, beats ex-DPM Anwar's 1999 corruption conviction and sentence of 24 years?

Of Najib's Pardon, Pardon REFORMS? Anwar pardoned weeks before his sentence ended, when should one be pardoned?

The world and Malaysians are watching and what happens may have an IMPACT on Malaysia and Malaysia's administration of justice. The recent discontinuance of Zahid Hamidi's case, even though Prosecution had already successfully managed to prove in a prima facie case for all 47 charges... and this means that unless Zahid can raise a 'reasonable doubt', he will definitely be convicted...

The question that may be asked is whether this PM Anwar Ibrahim's government is somehow 'influencing' investigation, prosecution and/or cases of UMNO/BN leaders and their friends. Rightly, the government ought to have no business interfering with investigations, prosecution or even trials of their 'good friends' - This is an important matter that should be preserved.

How the government and PM Anwar acts is most crucial.. It will impact how the world(including foreign investors now and in the future) sees Malaysian law enforcement and the administration of justice. If it is NOT INDEPENDENT and professional -and people believe that certain politicians and their family/friends are treated differently. Would government or politician linked companies also enjoy such 'benefits'. So in the event of any dispute will foreign companies and investors have any confidence that they will get justice if their opponent is linked to politicians/political parties? 

Now, many foreign companies/persons when they enter into agreements with Malaysians or Malaysian companies insert the clause that removes the jurisdiction of Malaysian courts - they prefer disputes to be heard in some foreign court or arbitration body  - This is ensuring Malaysian law enforcement, prosecution and courts are independent - and cannot be influenced in any way is CRUCIAL.


Ex-minister pardoned for 1982 murder dies

Mokhtar Hashim was convicted of murdering the then-Negeri Sembilan speaker but released from prison following a royal pardon.

Staff Writers
Former culture, youth and sports minister Mokhtar Hashim.
Former culture, youth and sports minister Mokhtar Hashim.

Mokhtar Hashim, a former minister who was famously sentenced to death for murder in 1983 before getting a royal pardon, died early this morning at the age of 78.

Mokhtar, who was the culture, youth and sports minister in Dr Mahathir Mohamad’s Cabinet, was convicted of the murder of Mohamad Taha, the then-speaker of Negeri Sembilan.

Taha was gunned down on April 14, 1982, in Gemencheh, Negeri Sembilan, just a week before the general election.

Mokhtar was at that time the incumbent MP for Tampin, and retained the seat in the polls. Less than three months later, he was arrested. He was replaced as the culture, youth and sports minister by Anwar Ibrahim.

Taha’s murder was said to be linked to internal political rivalry in Umno between him and Mokhtar.

Mokhtar’s death sentence was commuted to life imprisonment, and in 1991, he was released from prison following a royal pardon by the Yang di-Pertuan Agong.

A 1983 newspaper report on the trial of Mokhtar Hashim.
- Malaysia Now, 18/11/2020

Cabinet was informed about Najib’s pardon bid, says Saifuddin

However, the home minister did not elaborate on what the Cabinet was told, reiterating that the matter comes under the Pardons Board.

Home minister Saifuddin Nasution Ismail said the Cabinet briefly discussed Najib Razak’s application for a royal pardon.

PUTRAJAYA: Home minister Saifuddin Nasution Ismail has acknowledged that the Cabinet was informed about former prime minister Najib Razak’s application for a royal pardon.

However, he declined to give details of the information that was brought to the government’s attention.

“Anyway, it is not a matter within the Cabinet’s authority. It falls under the Pardons Board. That is quite clear.

“We discussed the matter briefly but since it falls within the jurisdiction of the Pardons Board, it is the board that must answer,” he said at a press conference.

Rumours of Najib being granted a pardon have been swirling following reports that the Federal Territories Pardons Board met at Istana Negara on Monday.

Yesterday, federal territories minister Dr Zaliha Mustafa, who sits on the board, confirmed that the meeting took place, but did not disclose if Najib’s application was discussed. She said a statement from the board was forthcoming.

Yesterday, Utusan Malaysia quoted sources as saying that Najib had been granted a royal pardon. Several other news outlets rewrote the story.

However, Utusan Malaysia later retracted its report on grounds that it could not verify the facts and issued an apology.

Najib began his 12-year prison term on Aug 23, 2022, following the Federal Court’s dismissal of his final appeal in the SRC International case.

His lawyer, Shafee Abdullah, previously said a pardon application was first submitted in September 2022, and that addendums to the petition were filed in October that year and in April 2023 - FMT, 31/1/2024

Umno won’t abandon ‘innocent’ Najib, Zahid because of legal woes, sec-gen asserts

Preparations in full swing for the 2019 Umno general assembly at Putra World Trade Centre in Kuala Lumpur December 3, 2019. u00e2u20acu201d Picture by Choo Choy May
Preparations in full swing for the 2019 Umno general assembly at Putra World Trade Centre in Kuala Lumpur December 3, 2019. — Picture by Choo Choy May

KUALA LUMPUR, Dec 4 — Umno will not abandon its former president Datuk Seri Najib Razak and incumbent president Datuk Seri Ahmad Zahid Hamidi despite the criminal charges against them, said Tan Sri Annuar Musa.

Annuar, who is Umno secretary-general, said the party currently regards both men as innocent but respects the due process of the law to decide if they are guilty of the crimes that they were accused of.

“We cannot or we must not abandon our leaders when we know very well that we are facing authorities that are hostile, bias and probably with an ulterior motive. 

“There may be some truth to the charges but let the due process of law take its course. However, we will not punish our leaders just because they have been charged in court,” he told Malay Mail in an interview last week.

“Until and unless they are proven guilty, we regard them as innocent and since they were elected through a certain process within the party, we must respect the system and process involved.

“For example, Datuk Seri Najib was elected as head of the Pekan Umno division, so we must respect that, and Datuk Seri Zahid was elected as party president, so we must respect that too. Above all, we want them to be given a fair trial,” he said.

Umno also cannot afford to cut off its relationship with party leaders just because they have been charged in court, he added.

Annuar claimed that this could prompt the ruling administration to prosecute more Umno leaders in an attempt to ensure that it ends up “killing its own” leaders.

“We are not going to betray them because later, the people in charge will take advantage of the situation and probably charge more people with an ulterior motive so that we will kill our own leaders.

“We do not want to fall into this trap,” he said.

Speaking on Najib’s newfound popularity under the moniker “Bossku”, Annuar acknowledged that the former prime minister has been hugely successful in galvanising support from the rakyat.

Since Barisan Nasional was voted out of power on May 9 last year, Najib has reinvented himself as the champion of the common man via his “Malu apa Bossku” campaign.

Annuar said although “Bossku” is not done formally on Umno’s platform, the party still cooperates with Najib on his own personal programmes or roadshows.

“For example, he is now doing the Bossku programme. He is doing it on his own and not part of our party programme, but we do cooperate. There is no reason that we should not.

“If he is doing good and wants to help the party regain lost ground, then why not? We must not disown a friend and party leader just because he is prosecuted by our enemy,” he said.

Najib is currently facing a slew of corruption and abuse of power charges related to the 1Malaysia Development Berhad (1MDB) scandal.

Zahid is also facing 87 charges in total for corruption and abuse of power related to receiving monies from illegal activities and bribes. - Malay Mail, 4/12/2019

Zahid tells of prison visit to Najib, in push for release

The Umno president said he brought all the favourite food of former prime minister Najib Razak, who is currently pursuing a PhD while in prison.

Umno president Ahmad Zahid Hamidi (right) and his predecessor, former prime minister Najib Razak, in happier times. (Bernama pic)

KUALA LUMPUR: Umno president Ahmad Zahid Hamidi has revealed that he visited former prime minister Najib Razak in Kajang prison to express the party’s unwavering commitment to push for his release.

Zahid told the Umno general assembly that he was accompanied by Umno Supreme Council member Shamsul Anuar Nasarah and spent nearly two hours with Najib.

“I also brought all of his favourite food and engaged in a one-on-one meeting with Najib for more than an hour” he said.

“While I won’t delve into the specifics of our conversation, I want to emphasise that the mandate from all divisions and the Supreme Council remains committed to defending Najib and ensuring that he receives fair justice.”

He also revealed that Najib is currently pursuing a PhD while in prison.

More Najibs will arise, says Zahid

Zahid told Umno members that although Najib was in jail, his struggle would be carried out by many more party members.

He said Najib’s three children had already taken up the challenge. “Najib is alone in jail but ‘three Najibs’ have emerged in this hall. God willing… Many more ‘new Najibs’ will emerge to continue his struggle,” he said, Malaysiakini reported.

Najib’s daughter Nooryana Najwa is a member of the Puteri Umno leadership, while his son Nazifuddin is head of Umno’s Langkawi division and another son Nizar is deputy chief of the Pekan division.

Earlier today, Najib’s wife, Rosmah Mansor, urged Umno members to continue with the push for his release and hoped they will continue to appreciate Najib’s struggles and contribution to the nation as prime minister.

Yesterday, chants of “Bebas Bossku” and “Hidup Bossku” echoed in the assembly hall after Zahid pledged that the party would continue to fight for Najib’s release.

Umno members were earlier seen carrying posters with the message “Justice For Najib Razak” as Prime Minister Anwar Ibrahim, who was the guest of honour, entered the party headquarters.

Najib is currently serving a 12-year jail sentence after he was convicted in the SRC International corruption case. His lawyers and supporters claim he was not granted a fair trial. Moves to seek a royal pardon, supported by Umno, were initiated in April. - FMT, 10/6/2023


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