To pardon or not to pardon

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Pardon one offence and you encourage the commission of many.

– Publilius Syrus, Latin writer

SINCE April 7, after the UMNO supreme council announced that it has unanimously decided to apply for a royal pardon for former prime minister Najib Abdul Razak, there has been no end to the pardon debate.

Many have given their views, from veteran politicians to academicians and civil society leaders. Apart from the current UMNO leaders, party loyalists and Najib’s dwindling supporters who back the royal pardon for their “Bossku”, it is fair to state that the majority of those who bother to comment are not in favour.

Two key factors stood out for the opponents of the pardon. One, the time factor — many felt that it was too soon. Najib was only in prison for the past seven months.

Two, the former prime minister was found guilty of a very serious crime of corruption, money laundering and power abuse. Billions of public funds were squandered.    

Najib was adjudged a kleptocrat, not only at home but abroad as well. A kleptocrat is a ruler or head of government who uses his power to steal the country’s resources.

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The dictionary uses the word “steal”. This means that Najib was found guilty of stealing which translates to him being a thief. He has brought shame and ridicule to Malaysia and has been described as a “national embarrassment”. Perhaps rightly so.

The adage that “You do the crime; you do the time” is agreed and accepted by all. If you break the rules, you deserve the punishment and have no right to complain and whine.

If you commit murder, you deserve to be sent to the gallows. I am a proponent of capital punishment. I wouldn’t bother sending a convicted murderer to life imprisonment, even if I were a judge with options now.

One thing which I feel is very important for the common man to understand is what this royal pardon entails and what it means for the common criminals.

There is this concern and I think it is a genuine one. If Najib is pardoned, what does it signal to the so-called elite criminals with RM millions/billions at their disposal?

Are they a different breed altogether? Do the common criminal laws apply to them? Why are they treated differently from ordinary Malaysians?

Let it be known to the leaders of the Madani government that Ali, Ah Kow and Muthu are unhappy that these VIPs were chauffeured to court in luxury vehicles, attired in their best suits and ties.

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The poor ordinary folks will be handcuffed and in prison wear when they appear in court. What does this say of our rule of law? Why is there this double standard?

Those championing a pardon for Bossku must also ensure that no one makes a mockery of our judiciary. If a royal pardon can be obtained so easily, then what’s the point of the years of court trial — the hard work put in by the prosecution, defence, judges and court staff, plus the costs incurred, would have gone to waste.  

Another point to consider. In case we forget, a royal pardon involves the Yang di-Pertuan Agong. It is an official order given by a king to stop the punishment of a person accused of a crime.

In Najib’s case, there are a hundred and one things for the king to consider and weigh carefully. It is not a simple open-and-shut case, unlike the pardon for Datuk Seri Anwar Ibrahim in 2018.  

Besides the time factor, Najib’s case is also complicated as he has other pending charges. I’m not sure there has even been a pardon for such a case. Can all the charges which have not been tried be wiped out in a single stroke?

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That said, I also think that a royal pardon for Najib is a forgone conclusion. Perhaps, he could finally be a free man at the end of the Johor Sultan’s term as Agong five years from now.

By then, I think the public will be less vocal in opposing the move. However, there should be negotiations on the restitution of the stolen loot first before a pardon is granted. This is paramount.  

As for the many prophets of doom speculating that a pardon for Najib will spell the end of Anwar’s unity government, I just do not see that happening.

Najib is just not the powerful Najib of old and he has very little public support now. A pardon, if and when it happens, is unlikely to create a ripple in Anwar’s government.

Anwar does not decide on the pardon for Najib. The Agong decides.  

The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.  

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