If worst comes to worst, former Prime Minister Datuk Sri Najib Tun Razak may only get Pardon from the next Agong in 2026 at the earliest, any further delay risks even more unrest in social media spilling onto the streets!
The Agong would have noted that the elephant in the room on Judge Datuk Mohd Nazlan Mohd Ghazali’s controversial involvement in the RM42m SRC International case may be what has not been highlighted in Parliament by Prime Minister Dato’ Sri Anwar Ibrahim when he read from the MACC probe viz. breach of ethics.
Instead, Anwar made a song and dance act on MACC finding no criminal elements on the Judge Nazlan probe.
True, there must be law before there can be crime.
No law, no crime.
Nullum crimen sine lege is sometimes called the legality principle. It is also interchangeable with “nullum poena sine lege,” which translates to “no punishment without law”.
If there’s no law on Judge Nazlan, Parliament can remedy the matter, albeit for the future. Law cannot be retrospective.
Future Judge Nazlans won’t get away. If there’s shove after push, they can’t hide behind the judicial skirts of the CJ and claim no criminal wrongdoing.
It must be clear by now that Anwar’s take on former Prime Minister Datuk Seri Najib Tun Razak may be more motivated by the fear that Umno would reclaim the PM’s post come GE16 in 2027.
So, it appears that Anwar as well wants Najib in jail and out of the way permanently if possible, otherwise temporarily, for political dynasty.
The Code of Ethics governs all judges. The Agong exercises oversight although the Judicial Ethics Committee (JEC) exists on misconduct.
The JEC met the last time on Judge Datuk Hamid Sultan Abu Backer. He was suspended pending retirement several months later. Judge Hamid’s complaints against judges and the judiciary, including on fraud, were never considered by the JEC.
There was no RCI (Royal Commission of Inquiry) on Judge Hamid’s complaints or on former Attorney-General (AG) Tan Sri Tommy Thomas’ controversial Memoirs and allegedly “racist” complaints on the Attorney General’s Chambers (AGC). The Ismail Sabri government called for RCI on Thomas before GE15 last November.
The Agong, based on advice from the prime minister, can summarily sack Judge Nazlan and Chief Justice Tun Tengku Maimun Tuan Mat. In summary dismissal, the misconduct offence being so grave that it speaks for itself, Public Inquiry would be waste of government funds and taxpayer ringgit.
The public perception, based on the MACC probe on Judge Nazlan, sees the judges as having violated the Code of Ethics which governs the judiciary. However, if the PM does not advise Agong on the matter, the latter may not get out of bed and put matters right in the court system.
Judge Nazlan’s sacking would remove the RM42m SRC International case from court records. The SRC cases in the Court of Appeal, the Federal Court Appeal and the Federal Court Review would no longer exist in court records as if they never existed.
The PM and Agong may well consider that the SRC controversy can end only if there’s closure. The head of state and head of government should help end the problem once and for all, so that we can move on.
Judge Nazlan, CJ Maimun and former dictatorial Prime Minister Tun Mahathir Mohamad aren’t the be all and end all of life. Life isn’t black and white — read Anwar’s statement in Parliament belabouring in delusions on Judge Nazlan — but comes in various shades of grey.
There may be exceptions, qualifiers, caveats, ifs and buts, and special circumstances.
Ironically, Anwar wasn’t interested at all in the Code of Ethics. Indeed, he even glossed over in Parliament the MACC fact-finding probe on Judge Nazlan being in breach of ethics.
It was the ultimate in being self-serving on political expediency. It only serves Anwar as wannabe dictatorial prime minister.
Sore Loser Mahathir
Sore loser, sour grapes and dog in the manger Mahathir, for what little it’s worth, has cautioned that Anwar may be the ultimate dictatorial prime minister in the making and the worst head of government that Malaysia ever had.
Besides entering the Guinness Book of World Records for bringing up a family of multibillionaires within the first decade as prime minister, Mahathir merits the Nobel Prize for fairy tales.
Already, in digressing a little, DAP in particular remains unhappy about there being no consensus in Cabinet on Anwar’s Malaysia Madani Mantra and JAKIM being granted more powers including on policy-making on the economy and other non-religious matters.
Therein lies the seeds of the unity government’s destruction. There’s no unity per se.
JAKIM stands accused by Professor Dr Murray Hunter of unbridled corruption for decades on halal certification and other matters. We will have more of this, in another Article, sooner than later.
The GLC, GLIC, government-owned firms, the Licence Raj, the forex market and the government sector squatting on the local stock market would be included in the expose.
Forex and stock market, being speculative activities, don’t create real wealth and are not part of the economy.
Anwar, as evident in empowering JAKIM on policy-making on the economy, belabours in delusions on the two sectors.
Anwar Hid In Parliament
Coming back, the prime minister hid behind the cloak of immunity in Parliament on Judge Nazlan and virtually usurped the role and functions of the AG under Article 145.
Anwar took it upon himself and brazenly declared that the Judge, in hearing the RM42m SRC International case involving former Prime Minister Datuk Seri Najib Tun Razak, hadn’t previously been party to illegalities viz. criminal wrongdoing.
Opinion isn’t law. Only the court can declare law. It’s not surprising that Anwar went out on a limb for Judge Nazlan. It was all about Anwar and keeping the prime minister’s post as family property.
The AG, having sole prosecutorial powers under the Constitution, makes no public announcements on guilt or innocence of suspects. The AG takes cases to court, again without public announcements, if they involve matters of public concern and public interest.
The AG, once in court, has the prerogative and discretionary powers on dropping cases, withdrawing or varying them. The AG cannot be in court if he doesn’t charge anyone who should be charged.
However, as the Asian Arbitration case shows, he will find himself in court if abuse of power can be proven by exercising discretion in pressing charges. Discretion, in that case, does not exist.
There’s case law from Raja Azlan Shah on abuse of power and two case laws on discretion viz. the 2009 Perak case law and 1 September 2020 Federal Court majority opinion on the Sabah Constitution.
Sky Will Fall Down
Anwar’s statement in Parliament also shows that the “sky will fall down” if JEC meets on the two allegedly errant judges. It’s unlikely that CJ Maimun will advise the JEC on convening against herself.
Agong, in exercising oversight, can decree that the JEC convene on Judge Nazlan and CJ Maimun, with or without the PM’s advice.
The PM’s advice isn’t necessary if he’s caught in a “conflict of interest” situation on the matter.
If worst comes to worst, Najib may only get Pardon in 2026 at the earliest, any further delay risks even more unrest in social media spilling onto the streets.
The rule of law, the basis of the Constitution must be upheld. In law, there can be no discrimination, save as provided by law.
Anwar, in virtually betraying Najib, may be living on borrowed time. No one can escape Karma. It’s the guilty conscience that kills.
The Agong, if he gets up on the wrong side of the bed, can do a u-turn on SD (statutory declaration) and decree anew that “there’s no reason why SD should not be read as proof of support”.
In that case, the unity government will be history. Already, there’s sense of drift on the economy given the muddled thinking on the welfare economy. The Anwar government may turn out as the worst since Merdeka.
Tan Sri Muhyiddin Yassin and Tan Sri Abdul Hadi Awang would be jumping up and down in sheer joy as the Malay speakers, suffering in the Opposition, can now seize the reins of power in Putrajaya in alliance with perennially unhappy Sabah and Sarawak.
In law and the Tafsir (interpretation) concept in the Quran, if there are two versions in conflict, the latter will prevail, except on the language of the Constitution. The Constitution in English, having come first, prevails when two versions in different languages are in conflict. Translation has no status in law.
Jail By Hook Or By Crook
The jury may no longer be out on whether CJ Maimun, taking the cue from Mahathir, wants Najib in jail by hook or by crook.
The matter arises, based on ex-Chief Justice Tun Abdul Halim Mohamad taking the cue from “My Story: Justice in the Wilderness” Thomas. The ex-CJ noted that CJ Maimun wasn’t properly appointed.
It was clear in the Memoirs, based on Thomas’ True Confessions, then AG, and Mahathir were allegedly in cahoots and may have misled the Agong into appointing Maimun as CJ.
There’s no proof that the Judicial Appointments Commission (JAC) recommended the controversial Maimun appointment.
Elsewhere in the blog, ex-CJ Abdul Halim drew on his background and declared that the Federal Court Appeal Panel on Najib’s RM42m SRC International case wasn’t properly set up.
Najib was jailed, unrepresented, on 23 August last year after CJ Maimun claimed “discretion beyond discretion”, like Sultan, when court procedures may have discretion only.
The Najib case/s also provides proof of selective prosecution and selective persecution.
Former Sabah Chief Minister Tan Sri Musa Aman was freed of 46 charges of bribery and corruption involving RM380m after he, in afterthought, uttered the magic words “political donation” in court.
In law, all political donations above RM5K should be reported to the IRB (Inland Revenue Board). Musa produced no income tax receipts in court as proof of political donation.
The IRB did not go after Musa for taxes on the RM380m.
The MACC and Bank Negara did not file civil action and freeze, seize and forfeit the RM380m as proof of money laundering.
In law, “secret profits” belong to the principal i.e. the gov’t or the company. The RM380m belongs to the Sabah gov’t, specifically Sabah Foundation.
The Johor Sultan said that either Najib should be freed or others join him. He hinted at some names including someone who was Prime Minister for 22 years (Mahathir).
Source : New Media Hit