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Articles, Opinions & Views: The nation comes first, not Najib By P Gunasegaram

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" ā€œWhen you're left wounded on
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the women come out to cut up what remains,
Just roll to your rifle

and blow out your brains,
And go to your God like a soldierā€
General Douglas MacArthur

" ā€œWe are not retreating. We are advancing in another direction.ā€

ā€œIt is fatal to enter any war without the will to win it.ā€
ā€œOld soldiers never die; they just fade away.
ā€œThe soldier, above all other people, prays for peace,
for he must suffer and be the deepest wounds and scars of war.ā€
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Which must always come to pass
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Except to calm their fears.
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Walk peacefully on Heaven's streets,
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The nation comes first, not Najib By P Gunasegaram
Monday, August 22, 2022

Malaysiakini : Two courts - the High Court and the Court of Appeal - have already found him guilty of seven charges of misuse of power, criminal breach of trust and money laundering involving RM42 million of SRC funds and have sentenced or affirmed the sentence on him of 12 years in jail and RM210 million in fines.

It is now time for the Federal Court, as part of the appeal process, to affirm Najibā€™s conviction or to set it aside. It must be allowed to do its job without fear or favour.

To say that an adjournment of 3-4 months must be given is wrong and it is very clear that the Federal Court can make its ruling on that. It was an abuse of process to make the last ditch of change in lawyers and demand an adjournment. If allowed, that process can continue interminably.

Justice is done in every way

The judiciary has bent over backwards - some would say even too much - to accommodate Najibā€™s defence and to show that justice is being done in every way possible. More than adequate time has passed.

Najib was charged in July/August 2018. The trial only began eight months later on April 3, 2019. He was found guilty by the High Court on July 28, 2020.  A three-person Court of Appeal upheld the conviction on Dec 8 last year, making the Federal Court appeal his last avenue of defence.

Between the time he was charged, and the current Federal Court sitting, four years have elapsed. Certainly not a short period of time. No one can say that the judiciary has been unfair to Najib in terms of the time given.

Roger Ng

In contrast, Malaysian Roger Ng, a Goldman Sachs employee, was charged in the US for helping embezzle billions of dollars from 1MDB on Feb 13 this year. He was found guilty less than two months later on April 8.

When Najib failed to get a new Queenā€™s Counsel and in his attempts to adduce ā€œadditional evidenceā€, he then discharged his old lawyers and appointed new ones. Then he discharged his new lawyers, too, in a blatant, brazen effort to delay the Federal Court decision.

One senior member of the Malaysian Bar, Christopher Leong, partner at CCA, told this writer: ā€œThe judiciary have shown themselves worthy. Unfortunately, a  few of the members of the Bar have brought shame to the Bar and disrepute to the administration of justice. It was the other way around in 1988.ā€

Another senior lawyer, Gurdial Singh Nijar, described the conduct of Najibā€™s lawyers in the latest episode as an ultimatum to the court - ā€œeither follow us or we will scuttle the processā€.

ā€œIt is highly inappropriate as it undermines the integrity of the administration of justice,'' Gurdial said.

Senior lawyer Gurdial Singh Nijar

Another leading lawyer, Nahendran Navaratnam said: ā€œNajib was playing a game of brinksmanship with the Federal Court - intent on leaving no option but to delay the appeal. He was thwarted by a principled bench who declined to give him any special privileges.

ā€œThe conduct of his lawyers in facilitating Najibā€™s shenanigans is deeply disappointing. Itā€™s one thing to disagree but to use disagreement as the only basis for accusing the bench of misconducting itself is over the line.ā€

As early as tomorrow, or perhaps in a short time after that, Najibā€™s fate will be sealed. As no new evidence has been adduced, the process may be quicker than what is generally anticipated with reliance being made upon issues already presented and filed as submissions are now over.

It is however imperative that the Federal Court, the apex court which has the final say on all judicial matters, in their collective wisdom, has the final say on Najibā€™s fate as far as this particular case is concerned.

Any attempt to usurp or deny the Federal Courtā€™s powers in this respect must be resisted by all Malaysians. The nation comes first, not Najib.

posted by Major D Swami (Retired) @ 10:14 AM  
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