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Articles, Opinions & Views: The road to a pardon is closed - for now By R Nadeswaran

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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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Rather we should thank God that such men lived.
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Which must always come to pass
He hoped his shoes were shining
Just as bright as his brass
"Step forward you Soldier,
How shall I deal with you?
Have you always turned the other cheek?
To My Church have you been true?"
"No, Lord, I guess I ain't
Because those of us who carry guns
Can't always be a saint."
I've had to work on Sundays
And at times my talk was tough,
And sometimes I've been violent,
Because the world is awfully rough.
But, I never took a penny
That wasn't mine to keep.
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When the bills got just too steep,
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And I never passed a cry for help
Though at times I shook with fear,
And sometimes, God forgive me,
I've wept unmanly tears.
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Among the people here.
They never wanted me around
Except to calm their fears.
If you've a place for me here,
Lord, It needn't be so grand,
I never expected or had too much,
But if you don't, I'll understand."
There was silence all around the throne
Where the saints had often trod
As the Soldier waited quietly,
For the judgment of his God.
"Step forward now, you Soldier,
You've borne your burden well.
Walk peacefully on Heaven's streets,
You've done your time in Hell."

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The road to a pardon is closed - for now By R Nadeswaran
Tuesday, April 11, 2023

Malaysiakini : Last week, the Umno supreme council asked the Yang di-Pertuan Agong to consider granting former prime minister Najib Abdul Razak a royal pardon.

Umno secretary-general Asyraf Wajdi Dusuki said his partyā€™s supreme council will also seek an audience with the King to present a memorandum asking for Najib to be pardoned.

Umno secretary-general & Brown Noser, Asyraf Wajdi Dusuki

In a statement, Asyraf said the memorandum was handed to the top leadership by the 191 Umno divisions and was also signed by the supreme council.

ā€œThe Supreme Council takes note of the grassrootsā€™ concerns over the (Federal Courtā€™s) decision (to dismiss Najibā€™s bid to review his conviction and sentence in the SRC case),ā€ he said.  

Never mind if the law does not allow a pardon application to be submitted by third parties on behalf of the prisoner, but itā€™s Umno and anything and everything which suits them is kosher.

Under Regulation 113 of the Prisons Regulations 2000, Umno has no locus standi or legal standing to submit an appeal for Najibā€™s pardon.

Petitioning the ruler

However, if one looks at this whole episode, it will be an exercise in futility. For one, it is a non-starter. It states:

(1) A prisoner may, if he wishes, petition the Yang di-Pertuan Agong or the Ruler or Yang diPertua Negeri, as the case may be, on the subject of his conviction or sentence, once as soon as practicable after his conviction and a second such petition shall be allowed when a prisoner has completed three years from the date of conviction, and thereafter such petitions shall be granted at two yearly intervals, unless there are any special circumstances which the Officer-in-Charge may consider should be brought to the notice of the Yang di-Pertuan Agong or the Ruler or the Yang di-Pertua Negeri, as the case may be.

(2) A prisoner may, if he wishes, petition the Yang di-Pertuan Agong or the Ruler or the Yang diPertua Negeri, as the case may be, on any other subject at any time, provided that no petition shall be permitted if the reply to a previous petition on the same subject is still outstanding

The law is clear but it is Umno. Despite all claims of change and a new faƧade to go with it, it is not different from the ā€œoldā€ Umno which saw itself and its leaders as ā€œwe can do no wrongā€.

At first, it was nibbling at the apparatus of governance and its finances, but then it became a habit. Over the years, it was fine-tuned to become a culture by certain leaders. Now, the entire party wants to see and do what they deem fit as if it is their entitlement.  

Prime Minister Anwar Ibrahim has conspicuously denied there would be any conflict of interest in his involvement in the pardon process, saying the decision is at the sole discretion of the Yang di-Pertuan Agong.

Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah (left) and Prime Minister Anwar Ibrahim

But Sultan Abdullah Sultan Ahmad Shah reportedly said the power to punish and pardon must not be used arbitrarily because it will be held accountable in the ā€œafterlifeā€.

ā€œIf the law is not implemented consistently and fairly, justice will certainly not be achieved as the philosophy behind the enactment of a law would have been tainted, and as a result, the disadvantaged party would end up being victimised by those in power,ā€ national news agency Bernama quoted the Agong as saying.

The King was also quoted as saying that Islamic justice prohibits privilege or exception to be given to anyone who commits wrongdoing, be it oneself, close friends, family members, or parents.

Pardon must be lawful

His statement was supported by Selangor Sultan Sharafuddin Idris Shah Alhaj who expressed his ā€œsolidā€ support of the Yang di-Pertuan Agongā€™s assertion that royal pardons cannot be meted out arbitrarily.

The Selangor monarch reminded Malaysians that while the King has the discretionary power to pardon those who have been convicted, it must be done according to the law.

ā€œThe public must understand that the pardon process may be done according to the law and procedures as provided under the Constitution and its relevant laws,ā€ the state ruler said in a statement on Sept 22.

So, what next for Umno? The keyword in Rule 113 is ā€œprisonerā€. Period. Any petition other than that from Najib will never be considered.

So, why all this song and dance? Didnā€™t the minister in charge of law who is also a party stalwart advise the leaders?

More importantly, Najib has not expressed remorse for the acts for which he had been convicted and is now seeking a pardon for. Instead, the tired old phrase ā€“ fair trial ā€“ has become an overused clichĆ©.

The time has come for the authorities to lay down the law. No more theatrics, no more rhetoric, and reinforce the line ā€“ if you do the crime, you must do the time.

posted by Major D Swami (Retired) @ 2:33 PM  
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