Former Prime Minister Najib Tun Razak while not receiving the result he wanted from the Pardons Board, is not out of options – yet. There is an option to file a Petition on 23 August for Pardon from Agong.
Commentary And Analysis . . . Former Prime Minister Datuk Seri Najib Tun Razak, briefly, has seven months before he can be seen once again with family enjoying glass of teh tarik kurang manis kaw (less sweet strong pulled tea) at the Pavilion Condominium in Kuala Lumpur. The teh tarik maker will no doubt be counting the days until 23 August this year when Najib, having neutralised Karma, will leave the infamous “Hell on Earth” Kajang Prison at first light in the morning.
Agong’s halving of Najib’s 12 year jail sentence has become fait accompli. The media is still harping on it about the travesty of 1MDB justice when Najib was convicted for alleged money laundering. There’s pointlessness in flogging a dead horse. Najib’s focus now can only be on procedures for the way forward. The merits can’t enter the picture at the Istana.
There are mathematical directions on the behaviour of forces in nature. We can take the cue from Buddha who said, “you are what you think, you attract what you feel, you create what you imagine”.
It has been written that truth comes to fruition.
Najib must keep the story alive so that he remains in the public eye for gathering the votes.
In law, Article 8 in Malaysia, there can be no discrimination, save as provided by law i.e. by sunset clause which must have an expiry date. No one was above the law, all are equal under the law.
If so, why was Najib jailed unrepresented on 23 August 2022?
His conviction wasn’t perfected in law for perfection in law.
It isn’t about Najib per se but the rule of law. It is opinionated that Najib’s case is a case study on the rule of law.
There are also other case studies like Malaysia Herald’s Allah case, Jill Ireland Allah case, Islam in MyKad, Indira Gandhi case, other conversion cases, and Syariah court, among others.
The jury may no longer be out in Malaysia on the rule of law.
The letter of the law, by itself, isn’t law at all. There’s greater emphasis on the spirit of the law, in the rule of law, albeit read with the letter of the law.
Opinion isn’t law. Only the court of law can declare law.
The court can disregard or reject without explanation. It will not declare Submission as the work of legal pinhead, even if true, or dismiss as gibberish, whether true or otherwise.
The court remains about bringing closure. There can be no closure if the litigation does not end.
In jurisprudence, no one can know law.
Law, ultimately, is the power of language, showing proof of wide reading, the ability to cite, the ability to think on law, and the ability to fathom the judge’s thinking on law. There are skills needed for law practice and the courtroom. These cannot be from academic programs run by law schools.
The figures on the seven-month timeline and related matters can be found in the following three internal links:
Najib would need call for a Truth and Reconciliation Commission (TRC) on government from 1957 to 2018. In South Africa, after white minority rule ended, there was TRC based on the rule of law. There need to be an independent investigation into 1MDB as there are too many unanswered questions. The biggest questions being : WHY ?
It was the Trial by Paid Media, making Najib the scapegoat for the 1MDB scandal, that put Najib in jail. Agong knows that 1MDB failed when the IPO failed in the wake of the Trial by Media. Then, there was “too big to fail” Goldman Sachs which stage-managed the scandal.
We will not be pointing fingers. The whole world knows who manipulated the media, an unthinking animal, from their glasshouses.
These manipulators may be taking turns, counting the bars sooner rather than later, at Kajang. No one can escape Karma i.e. the law of cause and effect. Karma does not exist. It only exists if we create it. In Islam, sunnatullah is God’s law on cause and effect.
These same “visitations from Hell” (great distress) manipulators were allegedly behind Sodomy 1 and Sodomy 2 which put Datuk Seri Anwar Ibrahim, Prime Minister since late November 2022, in jail. In Anwar’s case, he was pardoned by the Agong. Anwar didn’t argue that conviction wasn’t perfected in law for perfection in law. He was represented, both times, when he was jailed. He screamed political persecution based on conspiracies and obstruction of justice, the latter a heinous offense.
The Agong, unlike in Najib’s case, declared that Anwar was the victim of a miscarriage of justice. In a miscarriage of justice, for those unfamiliar, the Agong declares accordingly. The question of asking Agong for further and better particulars on the miscarriage of justice does not arise. No court can go against Agong on his role and functions. Agong, as a hereditary ruler, has residual and reserve powers, including discretion beyond discretion. The Perak case law 2009, the Stephen Kalong Ningkan case law from Sarawak in 1966, the 1 September 2020 Federal Court majority opinion on the Sabah Constitution, and the Raja Azlan Shah case law on abuse of power refer.
The court of law remains only about law. It has no jurisdiction over Decree, Discretion, Pardon, and Conventions. These are not matters for judicial consideration and resolution. The court does not go into political prosecution and persecution, selective prosecution, conspiracy theories, circumstantial evidence in criminal court, and inadmissible hearsay.
August 23 this year will also be the day that Najib files a Petition on his own accord at the Istana, seeking Freedom from conviction. It was the RM42m SRC International case that put him in jail, unrepresented, on 23 August 2022. The question of Petition for Pardon does not arise. Unrepresentation alone was sufficient grounds for Agong’s Decree.
Then, Federal Court Review Panel Head Judge Datuk Abdul Rahman Sebli ruled DNA (discharge and acquittal) for Najib on 31 March last year. There’s no retrial under DNA.
The jury may no longer be out on whether Najib merits compensation for arbitrary detention from 23 August 2022 to 23 August 2024.
In law, a line must be drawn somewhere, lest Pandora’s Box opens. Pandora’s Box opened when former Prime Minister Najib turned up in criminal court for “acts in office”. Under the Basic Features Doctrine (BFD), which permeates the Constitution, no precedents can be created on the Prime Minister and Parliament for “acts in office”. They stand indemnified, have immunity, and implicit Pardon, lest future Prime Minister and Parliament are at risk.
The UN Review on Arbitrary Detention, when it comes in sooner rather than later, will discover the RM42m SRC International case incomplete and merits 2nd Review.
The Najib defense team did not exist during the Federal Court Appeal stage. There was no Submission from the Defence, only from the Prosecution. The court did not appoint legal representation for Najib. The Five Person Federal Court Appeal Panel, headed by Chief Justice (CJ) Tun Maimun Tuan Mat, was allegedly all about jailing Najib, probably by hook or by crook. We stand corrected.
The CJ, as implied in her own words on Discretion and Protocol, allegedly claimed Discretion beyond Discretion, like latter day Sultan. CJ isn’t a hereditary position and has no residual and reserve powers. — NMH
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Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.