Corruption is societal cancer that siphons off resources from their intended purposes of benefitting the rakyat. Instead, these have gone to line the pockets of those in the upper echelons of politics and society for personal gain, stifling the growth and development of our country as a result.

Corruption also serves to truncate human rights as it gives certain individuals an advantage over others and fundamentally undermines the fairness of how institutions operate.

The Malaysian Bar notes that while there have been royal pardons of public figures in the past, such as in the cases of opposition leader Anwar Ibrahim, former minister Mokhtar Hashim, and former Selangor menteri besar Harun Idris, all of them had served a substantial part of their imprisonment sentence before they were released on account of a royal pardon.

In this case, the former prime minister has only been in prison for less than a month and as such, he should first serve a better portion of his sentence.

Dangerous precedent

We should never overlook the fact that the Federal Court’s decision on Aug 23 has restored the public’s faith in our judiciary and the rule of law.

Throughout the entire saga, it is pertinent to note that the former prime minister has yet to demonstrate remorse for his actions.

Notwithstanding the multiple occasions to portray himself as a victim throughout the proceedings at the Federal Court, whether through challenges on legal representation or seeking the recusal of the chief justice, the Malaysian Bar takes the view that bestowing a royal pardon on him would directly go against the Federal Court’s decision and provide a form of impunity.

Again, simply put, this would make a mockery of the conviction and sentence meted out by an independent judiciary.

It is the Malaysian Bar’s position that a full pardon so early on would be perceived as premature since the former prime minister is still facing numerous charges of money laundering and criminal breaches of trust.

A dangerous precedent would be set if a royal pardon is in fact granted in this case as it will appear that those who held powerful executive positions in the past and are still facing similar criminal charges before the courts are above the law or beyond reproach.

The spirit of equality before the law and the non-discriminatory principle under Article 8 of the Federal Constitution must be given its true meaning.

The Malaysian Bar stands by the view that respect for the judiciary’s decision must be accorded and the granting of a royal pardon to a convict who has brought shame to our nation would only leave a deleterious effect on our administration of justice, both domestically and internationally.