KUALA LUMPUR: The recent decision to half former prime minister Datuk Seri Najib Razak's jail sentence and reduce his fine from RM210 million to RM50 million has been described as mercy undeserved and a decision which has failed the nation.
Expressing its disappointment over the matter, the Center to Combat Corruption and Cronyism (C4 Center) said the incident must be viewed as a watershed moment for Malaysia and there was a need to recognise that the pardons process should undergo appropriate reforms.
It said suitable limits should be introduced in order to uphold justice and fairness for all, such as mandatory minimum periods for serving one's prison sentence before a pardon application is considered, and a restriction against granting pardons where other criminal prosecutions of a similar nature are still pending against the individual.
In a statement, the Non-Governmental Organisation (NGO) noted that Najib had been convicted in the SRC International trial over the misappropriation of RM42 million of the company funds.
It said pardons in various forms are inextricably linked with considerations of justice and the process acts as a final safeguard where the criminal justice system fails to exonerate those who are deserving of mercy due to all surrounding circumstances.
"However in this case, there is serious doubt as to whether Najib is deserving of such mercy for the crimes he has committed.
"In his position as the leader of the nation, he abused the authority and trust reposed in him by voters to unjustly enrich himself to the detriment of all other Malaysians," the statement read.
C4 said the courts had referred to the SRC International case as a national embarrassment and noted that Najib still had several pending criminal trials for other corruption related offences, including a summary judgement of about RM1.69 billion in unpaid taxes due to the Inland Revenue Board.
"His legacy is tainted with multiple instances of massive theft from the Malaysian people.
"His actions have imposed exorbitant debts upon innocent taxpayers, depleting public funds which could have provided for our citizens for years to come.
"Is this truly the sort of person who deserves clemency?"
C4 said the decision to commute Najib's sentence would impact public perception in the integrity of national institutions and the criminal justice system, most notably a loss of faith in the government due to the perceived unequal administration of justice that favours the powerful and influential.
"In a nation where individuals are imprisoned for stealing minor sums to support their families and have to serve their sentences in their entirety, the conferral of mercy upon a man who stole millions is a mockery of the constitutional right to equality and equal protection of law under Article 8 of the Federal Constitution.
"This decision comes at a huge cost: that of public funds spent on the various trials, interlocutory applications and appeals arising from Najib's prosecution.
"Furthermore, the concerted efforts of the enforcement agencies, investigative journalists, and various foreign governments who were involved in the investigations, and most importantly, the whistleblowers who risked their lives to expose the scandal, are now all rendered meaningless," C4 said in the statement.
It added that the decision also undermines the sentencing decision made and confirmed by three levels of the judiciary.
It was reported that the Federal Territories Pardons Board had reduced Najib's fine as well as halved his 12-year jail term to six.