By Rahim Zainuddin
“Equal justice under law” is a phrase emblazoned on the front of the United States Supreme Court building in Washington DC and in the heart of every right-thinking American lawyer. It is an expression of the belief that persons accused of a crime have the right to be charged and tried fairly in court before judgement is made.
Yet, going by the Washington Post’s recent editorial, Prime Minister Najib Razak is not entitled to that right. He was only ever deserving of a trial by media, and has already been convicted and sentenced to life without possibility of golf with President Obama.
The editorial appeared shortly after the tabling of the Public Accounts Committee’s (PAC) report in Parliament on Thursday. It seems quite clear that the Post will not accept any suggestion that Najib is innocent.
Never mind that an opposition politician who sat as Vice- Chairman of the PAC was prepared to do just that. Tan Seng Giaw told the press that the persons who should be probed over the 1MDB fiasco were the directors and managers of the company, not the Prime Minister.
“That will be the correct thing to do,” he said. “Legally speaking, how can you take action against people who have done nothing? This is the rule of law. You can’t condemn a person until he has been proven guilty.”
The Post, however, seems to have its own take on the rule of law.
“Fortunately for the rule of law in Malaysia, the strongman’s gambit failed,” its editorial reads. “The chances that Mr Najib will himself face legal and political consequences are steadily growing.”
It cites Swiss authorities as suggesting that some US$4 billion may have been improperly diverted, conveniently omitting to say that Najib himself was not a suspect in that investigation. It also picks up on the claim by the Wall Street Journal (WSJ) that more than US$1 billion entered the Prime Minister’s personal accounts between 2011 and 2015, most of which originated from 1MDB, apparently.
First, the claim that this was 1MDB money is one of the greatest fictions ever concocted by the anti-Najib camp. No one, not even WSJ, has been able to prove it.
Second, the fact that “millions were transferred to party officials” only serves to back the Prime Minister’s assertion that the funds were used in the 2013 general elections and not for his personal gain.
Third, the claim by WSJ, repeated in the Post, that 1MDB money was also used for personal expenses and for funding the movies are nothing but more unsubstantiated allegations and insinuations against the Prime Minister. In the latter case, 1MDB has specifically denied it.
The allegation that Najib has used repression to stifle critics is also entirely without basis. The MACC itself has denied recommending charges against Najib.
It does appear that the Prime Minister will not be brought to justice anytime soon. This is because he has committed no offence against Malaysian law. Even our opposition members of parliament have conceded this.
The Washington Post, though, appears unconvinced. It has instead suggested that maybe the rule of law operating in other jurisdictions will show the way by bringing Najib to book once investigations are concluded. This is doubtful, though. These investigations have been going on for quite some time now, and have come up with nothing, except for those conducted by the Swiss, of course. Perhaps the rule of law resides there.
Rahim Zainuddin is an FMT reader.
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