Najib, Zahid legally eligible to be appointed PM, say lawyers
Najib Razak (left) is appealing his conviction in the RM42 million SRC International case while Ahmad Zahid Hamidi’s corruption trial is ongoing.
PETALING JAYA: Pekan MP Najib Razak and Bagan Datuk MP Ahmad Zahid Hamidi are eligible to be appointed prime minister even though their corruption cases are still pending in court, lawyers said.
A Srimurugan said it depends on whether one wants to accept the position and whether he has the support of at least 111 MPs.
Srimurugan said Najib is still a member of the Dewan Rakyat even though he was convicted by the High Court last year for corruption in relation to RM42 million of SRC International Sdn Bhd funds.
Najib was sentenced to 12 years’ jail and fined RM210 million for abuse of power, criminal breach of trust and money laundering.
“Article 48(4)(b) of the Federal Constitution is clear that Najib can remain an MP until he exhausts his appeal in the Federal Court,” he said.
Srimurugan said Article 48(1)(e) of the constitution states that an elected representative is disqualified if he or she is convicted and sentenced to a jail term of two years or more and/or fined RM2,000 and more, and has not received a free pardon.
The Court of Appeal in April heard submissions from lawyers appearing for Najib and the public prosecutor. Judgment has been reserved.
Lawyer Muhammad Rafique Rashid Ali, however, doubted if Najib could go for the position as he had been found guilty and was on bail.
He said Zahid was eligible as he was only an accused person and his trial had yet to be concluded.
“In law, he is still innocent until proven guilty,” he said.
Zahid, who is the Umno president, is facing trial over 12 criminal breach of trust, eight corruption and 27 money laundering charges involving RM117 million belonging to Yayasan Akalbudi.
The High Court has set Aug 24 for lawyers to make oral submissions after the close of the prosecution case in March.
Yesterday, lawyer Bastian Pius Vendargon said an MP from the current Perikatan Nasional (PN) government can be appointed prime minister to replace Muhyiddin Yassin, provided he wins a confidence vote in the Dewan Rakyat.
Alternatively, he said, an opposition candidate who comes from a different alignment could be appointed if he had the numbers.
Vendargon said the Yang di-Pertuan Agong can appoint the candidate as prime minister if the confidence motion succeeds.
Another route for appointment is for the King to rely on ‘extraneous methods’, a legal principle established in the Perak case.
This includes interviewing MPs and receiving statutory declarations or letters of support for the King to make a judgment call.
Lamag assemblyman Bung Moktar Radin was appointed Sabah deputy chief minister after the conclusion of the 16th state election last year although his corruption trial is ongoing.
PETALING JAYA: Pekan MP Najib Razak and Bagan Datuk MP Ahmad Zahid Hamidi are eligible to be appointed prime minister even though their corruption cases are still pending in court, lawyers said.
A Srimurugan said it depends on whether one wants to accept the position and whether he has the support of at least 111 MPs.
Srimurugan said Najib is still a member of the Dewan Rakyat even though he was convicted by the High Court last year for corruption in relation to RM42 million of SRC International Sdn Bhd funds.
Najib was sentenced to 12 years’ jail and fined RM210 million for abuse of power, criminal breach of trust and money laundering.
“Article 48(4)(b) of the Federal Constitution is clear that Najib can remain an MP until he exhausts his appeal in the Federal Court,” he said.
Srimurugan said Article 48(1)(e) of the constitution states that an elected representative is disqualified if he or she is convicted and sentenced to a jail term of two years or more and/or fined RM2,000 and more, and has not received a free pardon.
The Court of Appeal in April heard submissions from lawyers appearing for Najib and the public prosecutor. Judgment has been reserved.
Lawyer Muhammad Rafique Rashid Ali, however, doubted if Najib could go for the position as he had been found guilty and was on bail.
He said Zahid was eligible as he was only an accused person and his trial had yet to be concluded.
“In law, he is still innocent until proven guilty,” he said.
Zahid, who is the Umno president, is facing trial over 12 criminal breach of trust, eight corruption and 27 money laundering charges involving RM117 million belonging to Yayasan Akalbudi.
The High Court has set Aug 24 for lawyers to make oral submissions after the close of the prosecution case in March.
Yesterday, lawyer Bastian Pius Vendargon said an MP from the current Perikatan Nasional (PN) government can be appointed prime minister to replace Muhyiddin Yassin, provided he wins a confidence vote in the Dewan Rakyat.
Alternatively, he said, an opposition candidate who comes from a different alignment could be appointed if he had the numbers.
Vendargon said the Yang di-Pertuan Agong can appoint the candidate as prime minister if the confidence motion succeeds.
Another route for appointment is for the King to rely on ‘extraneous methods’, a legal principle established in the Perak case.
This includes interviewing MPs and receiving statutory declarations or letters of support for the King to make a judgment call.
Lamag assemblyman Bung Moktar Radin was appointed Sabah deputy chief minister after the conclusion of the 16th state election last year although his corruption trial is ongoing.
Jibby and Zahid as PM and DPM again, all cases dropped ....hmmmm...Tony Pua may be on to something here.....
ReplyDeleteAs Tony Pua accurately pointed out, and he got excoriated for it.
ReplyDeleteDAP support UMNO's moves will likely result in Mega Kleptrocrats back in power.
Meanwhile, Zahid has made it sworn internally to UMNO, they will NEVER, NEVER support Anwar to be PM
https://www.sinarharian.com.my/article/154772/BERITA/Politik/Ahmad-Zahid-bersumpah-tak-sokong-Anwar-jadi-PM
Great mega kleptocrats are back. I don't mind at least Makaysia will have better economic policies that can drive the nation. I would rather have that than clueless PN/PH leadership that is just as corrupt trying to buy people over with zero good policies. I would rather have corrupt DSN where country grows at 5-7pct per annum rather than corrupt LGE where underground tunnel has not even been built!
ReplyDeleteBy the way UMNO and its MPs have won most of theur court cases so far like tengku adnan acquitted while UMNO and DSN getting the forfeited money back. This is happening while PH/PN are in power. Tells me that perhaps UMNO is not so bad.
1MDB, claimed by DSN to bring Megabillions in benefits to Malaysia turned out to be an empty shell.
DeleteAll the 1MDB debts are currently being paid by Taxpayer funds, with nothing to show. KO-SONG.
My grandchildren will still be paying the last 1MDB debt in 2039.
Money stolen by Najib and his cronies from Malaysia.
What the Fuxk was the 5 pct economic growth?
7 put economic growth ? What Ganja have you been smoking ?
The last time Malaysia had 7pct economic growth was 7 under Conman Mahathir
Here are the facts.
ReplyDeletePN/PH annual gdp growth
2020 -5.59%
2019 4.30%
2018 4.77%
BN Najib annual gdp growth
2017 5.81%
2016 4.45%
2015 5.09%
2014 6.01%
2013 4.69%
2012 5.47%
2011 5.29%
2010 7.42%
2009 - 1.51%
Look at the GDP annual growth numbers above.
Clearly Najib's economic track record is better than PN/PH. Growth took a dive after he left.
1MDB total debt was RM42bn and there were more assets than debts. So please don't bullshit about needing generations to repay. Even if there were no assets the debt is just 3pct of nominal GDP (RM1.3trn).By the way Najib was not accused of taking RM42bn the court case just involved RM42m in the SRC case.
Not saying Najib is great just saying he is better than the other crooks like LGE (RM300m on studies) and mahiaddin. Furthermore Dr M frittered away RM10bn on forex losses.
So on a relative basis give me the 'mega kleptocrat' anytime.
Not just 42 million. From SRC court proceedings:
DeleteQUOTE
Najib 'didn't know' where SRC funds went
Emir Zainul & Timothy Achariam
theedgemarkets.com
December 11, 2019
Najib 'didn't know' where SRC funds went
KUALA LUMPUR (Dec 11): Former prime minister Datuk Seri Najib Razak today claimed he did not know how funds in SRC International Sdn Bhd were spent after the RM2 billion loan was disbursed by the Retirement Fund Inc (KWAP). When pushed by Attorney-General Tan Sri Tommy Thomas, Najib said the movement of the money was an operational matter, and that as the Finance Minister and advisor emeritus of SRC, he was only concerned with policy matters.
Thomas: I put it to you that you were not aware shortly after the government guarantee was given. You were no longer interested in SRC?
Najib: No, this was [an] operational matter.
Thomas: No, are you saying to His Lordship [Justice Mohd Nazlan] that after the money came in, you were not interested with where the money was disbursed and what SRC did with the money?
Najib: This was [an] operational matter.
Thomas: Are you saying that you were not interested in the company?
Najib: No, I don't get involved in the management of the company.
Thomas: I put it to you that you were closely following the money from KWAP to SRC and later from SRC outwards.
Najib: I disagree.
During the prosecution stage, former SRC chairman Tan Sri Ismee Ismail had testified that Nik Faisal Ariff Kamil — the company's ex-managing director and chief executive officer whose whereabouts are currently unknown — had referred to minutes dated Sept 7, 2011 of a meeting between himself and Najib where the former premier had asked him to transfer RM1.8 billion of the funds abroad. The prosecution had tried to have the minutes admitted as evidence, but it was disputed by the defence, so the court eventually classified it as ID499. Earlier, Najib clarified that the RM2 billion fund SRC received from KWAP was initially set aside for investment purposes. Six months after that, another RM2 billion loan application was made to KWAP.
"[It was set aside for] planning for immediate investment. That was what I was told," Najib said.
Thomas then asked Najib if he knew whether this meant that the first RM2 billion remained as cash in bank.
Najib: I was not sure. But when I asked them, they said it was for investment purposes.
Thomas: Did you ask them [where the money was]?
Najib: I didn't ask them where the money was. They said for investment.
According to Najib, the process to table the government guarantee for SRC's RM2 billion loan to the Cabinet in 2011 was rushed, because there was an investment opportunity waiting for the company. The whole approval process by the Cabinet was done in two days, as per the testimonies of previous witnesses involved in the process.
"[The rush was] because they said there was an investment opportunity, thus there was a need to work on SRC funding. That was why this was done [hurriedly].
"And I want to state here that it was not unusual for the need of any companies to be worked on in such a short period of time," Najib added.
However, when Thomas asserted that the disbursement of the first RM2 billion loan in late 2011, following the expedited Cabinet approval of the government guarantee for the loan, was due to the former premier's personal involvement in the matter, Najib disagreed. He explained that he wanted SRC to fulfil the national energy objectives, one of which was to diversify the nation's energy sources, as Malaysia seemed to be too reliant on oil and gas. For that, Najib said SRC was to invest in coal and uranium. The company also wanted to study the viability of nuclear power in the country.
UNQUOTE
Wakakakakaka…
ReplyDeleteNumbers r subjected to user interpretation.
Key to that interpretation is quality vs quantity.
eg the US Average of Real GDP in First Quarter 2021 is quite impressive at 6.3.
But at what cost?
The US Government Debt to GDP is at a staggering 107.60%.
These numbers r quantitatively impressive but way way down in qualitative basement!
The numbers u have quoted r in the same class of 50yard laughing at the 100yard of the same gang of retrievers!