Saturday, September 17, 2022

Bar Council's double standards on pardons for prisoners?





Bar Council's double standards on pardons for prisoners?

Like any other prisoner, pursuant to the constitution, Najib has the right to file a petition for pardon at any time after his jailing.

Eng Ling Ton





I read with dismay the Bar Council’s statement condemning jailed former prime minister Najib Razak’s bid for a royal pardon.

Firstly, it is no duty of the Bar Council to make comments on the application of a prisoner, no matter how prominent, for a royal pardon. It is a matter solely for the pardons board and the King. The Bar’s statement appears to be an improper attempt to pre-empt or influence their decision through the media.

Like any other prisoner, pursuant to the constitution, Najib has the right to file a petition for pardon at any time after his jailing. That the Bar Council itself has chosen to disrespect and subvert this process is shocking.

Secondly, the Bar Council disingenuously claims that other prominent prisoners such as Anwar Ibrahim served part of their sentences before being granted a pardon. However, the Bar strangely fails to point out that Anwar rushed to file a pardons petition within two weeks of his jailing on Feb 10, 2015.

Why didn’t the Bar Council then issue a similar statement opposing a grant of royal pardon to Anwar Ibrahim until he had served some part of his sentence? Having not done so, why issue such a statement in Najib’s case?


Surely this is blatant double standards and political bias on the part of the Bar Council. The concern for the administration of justice raised by the Bar in its statement appears to be pure pretence, hypocrisy and dishonesty.

The Bar Council is professional statutory body which has no business interfering in or taking sides in political matters, or to favour or be against particular political figures or political parties.

Going by the trend of statements such as these coming from the Bar Council, can anyone be blamed for regarding the Bar Council as being biased in favour of Pakatan Harapan and against Umno and Barisan Nasional?



4 comments:

  1. https://www.theedgemarkets.com/article/malaysian-bar-royal-pardon-najib-would-be-premature-set-dangerous-precedent

    People should read the Bar Councils very carefully worded statements before making politicised attacks on the Bar Council.

    To summarise in a nutshell, the Bar never questioned the Pardons Board or Agong right to decide on Najib's Pardon, but states that it is not in the Public Interest to grant Najib a Royal Pardon at this point in time.

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  2. There are important differences in the Public Interest between Najib's case and Anwar case.
    Not surprising the Bar Council stayed silent in one case, and openly stated in the other that it was not in the Public Interest for a Royal Pardon to be issued at this time.

    The 2015 conviction of Anwar Ibrahim was under Section 377B, a law which many in the Bar, and also the public consider anachronistic and should have been repealed.
    In the 58 years history of Malaysia , nobody else had previously been charged and convicted.
    Anwar case did not involve injury to other members of the public .

    In Najib's case, hahah, I could go on and on and in about the extent and depth of injury to the Nation.

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    Replies
    1. I will add, In Singapore's case, their Government has openly stated for years that it will NOT prosecute anyone under Section 377 , and last month announced that it will introduce its repeal in Parliament.

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    2. Monsterball@8.36

      Thank you for showing the differences between the 2 cases involving Anwar and Najib.

      I believe the writer came on too strongly against the Bar Council action.

      My stance has been that the Bar Council should refrain from being seen as putting pressure on the Agong to reject the appeal for a royal pardon to Najib.

      To me, the Agong would be well aware that Najib has several other pending cases. It would make the Agong look foolish if he were to pardon Najib for the SRC case only to be faced with another appeal for another pardon should Najib be found guilty on any of his future cases.

      I maintain the Agong will only consider any form of royal pardon after ALL of Najib's cases have been disposed of.

      And that will take several years.

      But I do await the day to actually see photos of Najib in Kajang stripes (or whatever the denizens of Kajang are issued with)



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