Malaysiakini : For the three criminal breach of trust offences, Najib was ordered to
serve 10 years for each count. He was also ordered to serve 10 years
jail for each of the three counts of money laundering under Section
4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and
Proceeds of Unlawful Activities Act 2001.Since his appeal to the
Federal Court is pending and there are two other ongoing trials, I would
refrain from making any comments lest I am cited for contempt and sub
judice.
This commentary is aimed at enlightening our readers on
the various issues related to embezzlement of money as some may have
been confused by the latest turn of events and utterances. As such, this
glossary of sorts attempts to clarify any ambiguity or doubts.
Theft of public money
Section
378 of the Penal Code defines theft as “moving property out of the
possession of another person without their consent and with intent to
take dishonestly.”
The Theft Act of the United Kingdom states that
a person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the
other of it; and “thief” and “steal” shall be construed accordingly.
And
there’s a caveat too - it is immaterial whether the appropriation is
made with a view to gain, or is made for the thief’s own benefit.
The
United Nations Convention against Corruption has a long list of
articles and the following provisions are reproduced for ease of
understanding on issues related to theft of public money, corruption,
embezzlement and other related indictments.
Article 17:
Embezzlement, misappropriation or other diversion of property by a
public official: Intentional embezzlement, misappropriation or diversion
by a public official of property, funds or anything of value that had
been entrusted to them by virtue of their position.
Article 19.
Abuse of functions: A public official’s intentional abuse of their
functions or position to unlawfully perform or fail to perform an act.
The intention is to obtain an undue advantage for themselves or for
another person.
Article 23. Laundering of proceeds of crime:
Converting, concealing or transferring property acquired from money
earned through illegal means and making it seem as if it has been
acquired legally.
Article 25. Obstruction of justice: Use of
physical force, threats, intimidation, promise or pledge to induce false
testimony or interfere with the giving of testimony or the production
of evidence, or to interfere with a justice or law enforcement official
in their duties in a proceeding in relation to the commission of
corruption offences.
‘Grand corruption’
Then
there’s a thing called “grand corruption”. It occurs when any of the
above offences, are committed as part of a scheme involving a high-level
public official.
It comprises a significant misappropriation of
public funds or resources or severely restricts the exercise of the most
basic human rights of a substantial part of the population or of a
vulnerable group.
Grand corruption is the abuse of high-level
power that benefits the few at the expense of the majority. It is a
well-organised plan of action involving high-level public officials and
their cohorts which causes serious harm to the community, especially
when funds meant for the welfare and benefit of the populace is diverted
or stolen.
Then there’s kleptocracy - a form of government in
which the leaders, known as kleptocrats, use their political positions
of power to gain or increase their personal wealth by stealing money and
valuable resources from the countries they rule.
So, you, the
discerning reader, have to be the judge. You have to decide if the words
“thief” and “theft” are synonymous with or remotely connected to
criminal breach of trust or embezzlement of funds and money laundering.
