House Arrest - Financial Obligations? How many Prison Officers to be deployed to ensure Prisoner remains confined at home 24 hours? Will others be allowed in the home? Will prisoner have TV and internet access? Visitors? Some people in prison and others serve sentence at home - EQUALITY? DISCRIMINATION?
Now, my view is that the KING has to follow the advice of the Pardons Board, and Pardon Powers is LIMITED as per stated in the Constitution, and in my view, it DOES NOT include overturning CONVICTIONS by Court, and to date does not include HOUSE ARREST in Malaysia.... Can pardon powers include special privileges for some prisoners, who are 'friends' of the King or government of the day?
Many in Malaysia believed for a long time that past Prime Ministers and Cabinet members, and ruling party members were abusing the powers and 'stealing' government funds of the people, and they believed that law enforcers and those in the administration of justice were wrongly 'closing their eyes' - for these 'powerful people' were ABOVE the law, and 'protected'. But, alas it was a belief only, with no real proof...
After GE14, when Pakatan Harapan finally ousted the BN regime, who were in power since Independence, finally things started moving and 'suspected' criminals were being investigated, prosecuted, tried and convicted. Najib Razak's trial and conviction was very important as he was the former Prime Minister and former head of BN - and these meant all the other lesser politicians will also finally face justice. This made Malaysians hopeful for finally criminals will not escape but will have to pay for their crimes according to the law.
Of course, in Najib's case, investigation and prosecution became inevitable as the 1MDB Scandal was not just a Malaysian scandal, but was a global scandal and many in many other countries were also being investigated, charged and tried for various related crimes.
Unlike murder or simple theft, crimes committed by these politicians and their friends are complicated and sometimes crosses national boundaries... but SYABAS or CONGRATULATIONS to the Malaysian law enforcement for effectively investigating and prosecuting these cases...
But then came Anwar Ibrahim as the Prime Minister after GE15 with his PH-led coalition - and things started changing. Somehow, what was achieved by PH before is now being overturned...
Before GE15, PH main 'enemy' was Barisan Nasional(BN). After GE15, PH did not win the required number of parliamentary seats to form government on its own. The King suggested that PH forms a coalition government with PN (Perikatan Nasional) but then PN took a strong stand that it would not form a coalition government with PH.
The Sabah and Sarawak parties would normally join the government party that have sufficient seats.
So, Pakatan Harapan had a CHOICE to make (a) Form government by entering into a coalition with BN; OR (b) Stay in Opposition and allow PN to try to form a government..
PH chose (a) and entered into a coalition government with its political enemy for decades, the BN. This was a MAJOR COMPROMISE, which many supporters of PH were not happy with.
Should PH have stuck with its principles, values and reform agenda - and stayed in Opposition if it could not form government with other parties, as long as it was not BN?
After DECADES, Malaysians decided to reject BN despite the risk of repercussions - Note BN had 79 MPs after GE14, and this became only 30 after GE15. The trend was the complete rejection of BN was coming soon.
But, when PH joined BN to form government - BN got a lifeline that could revive BN, or alternatively bring down PH. It looks like come GE16, we may have a PH-BN Coalition - so, will this be seen as BN Baru?
Even after the Sheraton Move, following the leaving of one PH Party(BERSATU) and many MPs from other PH Parties, where the highest number was from Anwar's PKR. The new coalition government then under PM Muhyiddin and then PM Ismail Sabri took the stand of not including MPs under investigation or facing trials('court cluster') in the Cabinet - they were just government Backbencher MPs.
However, when Anwar became Prime Minister - The Deputy Prime Minister was UMNO/BN Chairperson Zahid Hamidi who was facing several trials, and the Deputy Finance Minister was also from UMNO Ahmad Maslan..
Then, we had Najib's Pardon that halved his sentence - Note that the King acts on the advice of the Pardons Board - made up of the Attorney General, a Minister and 3 others. After Anwar's pardon soon after PH won in GE14 created the perception that the government has great influence or 'control' of who the King/Rulers pardon, so many saw Najib's pardon was because of PH and BN coalition government...
Then there were other things the Anwar's government did
# It 'helped' Zahid Hamidi stay on as President. Apparently, in the midst of an UMNO General Meeting a motion was tabled that there be no contest for the top 2 position - that means no other deserving candidate can be nominated or contest to become President or No. 2. A complaint was lodged with the Registrar of Society, who reasonably would have decided that this 'Motion/Resolution' was illegal being contrary to UMNO's constitution or the law - Then the HOME MINISTER stepped in and granted an EXEMPTION which allowed UMNO to go against its rules/constitution and/or the law(Societies Act).
Home Minister's exemption to UMNO questionable? Was there ''illegality, irrationality or unreasonableness'? No Minister has absolute discretion to do as he pleases...
Will PM Anwar REPEAL draconian Societies Act? The Act to prevent registrations of Political Parties, to make unlawful societies,...????
## One of the biggest hurdle for the prosecution is to prove PRIMA FACIE case, all the elements of the charge whereby if the accussed fails to raise REASONABLE DOUBT during the Defence case will result in conviction and sentencing. So, the decision of the AG/Public Prosecutor to discontinue the criminal case of Zahid Hamidi at the defence stage was rather ODD.
If DPP Raja Rozela Raja Toran continues to prosecute, Zahid Hamidi will likely be convicted and sentenced? Come back and prosecute to the end..
When AG who discontinued Zahid's case gets appointed Chairman of a GLC - A question of public perception?
Judges/Courts confused by 'badly drafted' law - Parliament must CLARIFY whether when Prosecutor discontinues a case, the accussed is to be acquitted or DNAAed as of right? Zahid Hamidi's DNAA??
NGO gesa prosiding penjelasan isu DNAA Zahid disiar langsung(Malaysian Insight)
Live Broadcast/Hansard for all Parliamentary Select Committee (Zahid's DNAA) - A media statement
What happened to Zahid's DNAA Parliamentary Committee? Separation of AG from Public Prosecutor important but the DNAA?
Zahid Hamidi's can always be charged again, the trial reinstated and continued - section 254A CPC? Explaining and concerns?
Another UMNO politician cases:-
Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abd Samad were freed from all corruption charges involving RM2.8 million.High Court Judge Datuk Azhar Abdul Hamid acquitted and discharged the couple from the case today.He made the decision after ruling that the Sessions Court erred in ordering Bung Moktar and Zizie Izette to enter their defence on Sept 2, last year. On May 3, 2019, Bung Moktar was charged with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts. - NST, 7/9/2023
Was there any former BN politician charged for abuse of power, corruption, money laundering, etc - crimes committed when they were Ministers or MPs of the government party during the BN rule?
Even prosecution appeals against the acquittals of then BN leaders are getting delayed and delayed...Zahid Hamidi - Court of Appeal not respected? No more adjournments - Let COA hear the appeal. CLEAN and idependent administration of justice is fundamental.
With the reason alleged Pardon of Najib that saw the sentence being cut in half, people were unhappy. We have yet to see the Pardon Decision of the King, all we have seen is a statement by the Pardons Board - True, the King has to do as advised by the Pardons Board - but still the final Pardon Decision should be issued by the King or the Palace, as was done when Anwar Ibrahim was pardoned.
Najib's PARDON now may have serious impact to Malaysia, Malaysian law enforcement, prosecution and courts?
Najib's Pardon - King, not Pardon Board have the power - As the King did not tell us when he was King, is there any consequences?
PARDON
- Discrimination, only for some? Should Shafee's disclosure that could
invalidate Najib's pardon be acted on? A law on PARDONS?
Now, there is allegation that the King's Pardon also said that Najib was to serve his remaining prison sentence at home ...under 'house arrest'.
If TRUE, this is a VERY SERIOUS issue - WHY DID PM ANWAR IBRAHIM OR THE GOVERNMENT NOT TELL US THEN ABOUT THIS 'HOUSE ARREST' THINGY THAT THE KING ALLEGEDLY ORDERED?
This was NOT in the Pardon Boards public statement.
Even if the King makes a WRONG orders about Najib's Pardon, NOT as advised by the Pardons Board or against the Constitution/Law, then rightly the Pardons Board(which includes the Attorney General) and maybe the Prime Minister ought to have informed him of the mistake - so that the King can revise it and come out with a Pardons Order that is correct and in accordance to law.
The Pardons Board or the PM(or the Cabinet) cannot just reveal a part of the Order and not the full order. This is wrong and may also be DISRESPECT to the King?
Interestingly, now the Deputy Prime Minister also admits that he knew about the 'additional order' - so why did he not reveal it then as the Pardon happened at the end of February 2024? Did the Deputy hide it from Prime Minister Anwar? Or did Anwar Ibrahim also know but elected not to DISCLOSE it, or act upon it? The King's Pardon Order must be disclosed to the public - Transparency Please.
In the document, the Umno president[DPM Zahid Hamidi] said he was shown the document by former Selangor Umno treasurer Tengku Datuk Seri Zafrul Abdul Aziz at his (Ahmad Zahid's) house at Country Heights on Jan 30...“I further sighted that the addendum order is dated Jan 29 and has the seal and signature of His Majesty Seri Paduka Baginda the Yang di-Pertuan Agong XVI.
Was it Prime Minister's plan to delay the disclosure of the 'addendum order' - because the Malaysian public was already angry that Najib's sentence was cut in half? Will Anwar also be filing an Affidavit - after all he is the Prime Minister?
Anyway, we will see what happens in court?
Anwar Ibrahim commented on Zahid Hamidi's Affidavit -
Commenting on his deputy’s affidavit filed in Najib’s application for judicial review of his partial pardon, Anwar said it was Zahid’s prerogative to do so.
“He (submitted the affidavit) in his capacity as the Umno president, and the attorney general represented the Pardons Board,” Anwar was quoted as saying by the Malaysiakini news portal.ed the affidavit) in his capacity as the Umno president, and the attorney general represented the Pardons Board,” Anwar was quoted as saying by the Malaysiakini news portal.
“We remain steadfast that all decisions involving the Malay Rulers cannot be challenged. I do not wish to comment further as this has been our (the government’s) principle since independence.”
Comments:- Foolish, because Zahid Hamidi was the Deputy Prime Minister when the Pardon was given until now. Did the Deputy Prime Minister inform the Prime Minister and the Cabinet at the material time about the alleged 'adendum order' about house arrest? Or did he keep the PM and the Cabinet, and the Parliament in the dark?
Anwar, being Prime Minister cannot not affirm an Affidavit in Najib's application for Judicial Review - as there are material questions that he must tell us - was he aware of any such 'addendum order', part of the King's Pardon, and when did he become aware of it and why did he not act on it?
Who is in the Pardon's Board - the Attorney General(appointed by King on the advice of PM Anwar Ibrahim), the Minister in charge of Federal Territories((appointed by King on the advice of PM Anwar Ibrahim, and also member of the Cabinet), and the 3 other members of the Pardon Board(again reasonably appointed by King on the advice of the Prime Minister)
Implementation of the Pardon Order - well, again it is the Executive Branch led by the Prime Minister.
House Arrest(even if possible) - there is FINANCIAL IMPLICATION as prison officers will need to secure the premises, so that the prisoner does not escape his place of detention. Then, the bigger problem is that there is still law stipulating how 'house arrest' works.
So, Anwar cannot say he is not involved... Also note that the Pardons Board statement was issued under the PRIME MINISTER's Department letterhead.
Anyway, all in all, the Malaysian people and the international community are watching - what happens in court will affect public perception of Anwar and PH...
Royal addendum for Najib's house arrest is real, says Zahid
- Nation
-
Wednesday, 17 Apr 2024
KUALA LUMPUR: The Royal addendum from the former Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, which would allow Datuk Seri Najib Razak to go under house arrest, does exist, claims Datuk Seri Dr Ahmad Zahid Hamidi.
The Deputy Prime Minister said this in his affidavit in support of Najib's application for leave to commence judicial review in relation to the royal addendum he claimed was granted to him along with his royal pardon.
In the document, the Umno president said he was shown the document by former Selangor Umno treasurer Tengku Datuk Seri Zafrul Abdul Aziz at his (Ahmad Zahid's) house at Country Heights on Jan 30.
Ahmad Zahid said Tengku Zafrul showed him a copy of the addendum order on his (Tengku Zafrul's) phone which he personally photographed or scanned from an original copy as shown to him by the former YDPA.
“The contents of the addendum order expressly stated that the applicant (Najib) be allowed to serve the reduced sentence of his imprisonment under condition of house arrest, instead of the current prison confinement in the Kajang Prison.
“I further sighted that the addendum order is dated Jan 29 and has the seal and signature of His Majesty Seri Paduka Baginda the Yang di-Pertuan Agong XVI.
“I further confirm that the addendum order is genuine and in fact is the Royal Prerogative Order as the Main Order.
“I verily believe that for the sufficient period of time I sighted and read the addendum order, and I clearly saw the entire contents and that it forms part of the pardon process.
“Thus, I hereby confirm the existence of the addendum order dated Jan 29 issued by the former King,” Ahmad Zahid stated in the affidavit dated April 9.
The affidavit is accessible to the public on the judiciary website.
Previously, the court was told that a "crucial witness" would be supporting Najib's application in his bid to go under house arrest.
Ahmad Zahid, however, stated that he did not have a copy of the impugned document due to confidentiality and propriety, especially in the light of the fact that the addendum order had by then not been executed or enforced.
He said he believed that other government members have seen the addendum order apart from him and Tengku Zafrul.
“Specifically, I am aware that Datuk Seri Wan Rosdy Wan Ismail (Pahang menteri besar) has also seen a copy of the addendum order and can confirm the same.
“I am further verily informed that the Attorney General (AG) has the original copy of the addendum order for his legal input on the same,” Ahmad Zahid said.
Earlier, the High Court barred the press from covering the hearing of Najib's leave application at the request of Najib's lead counsel Tan Sri Muhammad Shafee Abdullah.
Muhammad Shafee said the matter should be moved in-chambers due to its sensitive nature.
Senior Federal Counsels Shamsul Bolhassan and Ahmad Hanir Hambaly did not object.
Justice Amarjeet Singh allowed the application.
The judge fixed June 5 to deliver his decision. - Star, 17/4/2024
Zahid didn’t use official position to support Najib, says Anwar
KUALA LUMPUR, April 19 — Datuk Seri Ahmad Zahid Hamidi issued an affidavit in support of ex-prime minister Datuk Seri Najib Razak in the former’s capacity as Umno president, Prime Minister Datuk Seri Anwar Ibrahim said today.
Commenting on his deputy’s affidavit filed in Najib’s application for judicial review of his partial pardon, Anwar said it was Zahid’s prerogative to do so.
“He (submitted the affidavit) in his capacity as the Umno president, and the attorney general represented the Pardons Board,” Anwar was quoted as saying by the Malaysiakini news portal.ed the affidavit) in his capacity as the Umno president, and the attorney general represented the Pardons Board,” Anwar was quoted as saying by the Malaysiakini news portal.
“We remain steadfast that all decisions involving the Malay Rulers cannot be challenged. I do not wish to comment further as this has been our (the government’s) principle since independence.”
On Wednesday, Zahid was identified as the “critical” witness supporting Najib’s bid to compel the federal government and the Pardons Board to produce a purported “supplementary order” from the previous Yang di-Pertuan Agong.
Zahid’s affidavit also claimed that Minister of Investment, Trade, and Industry Senator Datuk Seri Tengku Zafrul Aziz had affirmed the existence of the supplementary order.
Tengku Zafrul subsequently said he would apply to “correct certain factual errors,” but did not specify the errors.
In his application for leave to seek judicial review filed on April 1, Najib claimed the former Agong issued the order during the January 29 meeting of the board, for the former to serve the remainder of his reduced sentence under house arrest.
On February 2, the Pardon’s
Board halved Najib’s sentence from a 12-year prison term to six years
for misappropriating funds amounting to RM42 million, which means he may
be released earlier on August 23, 2028. - Malay Mail, 19/4/2024
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