Najib – Cannot be charged for crimes as public servant until LAW is changed?

By admin-s Last updated May 21, 2018

Charles Hector

Prime Minister Najib, Menteri Besars, Chief Ministers, Members of the Cabinet…may all escape because our Federal Court have made a decision that Najib is a not a ‘public officer’ – and this means that he may not be made liable for all the crimes now in our Malaysian laws concerning wrongdoings of persons in public office, ‘public officers’, civil servants(penjawat awam)/public servant, etc… The Federal court decision said that Najib and such persons are all ‘members of the administration’ who are different…

Now, all courts will be bound to follow that Federal Court decision, until that Federal Court decision is maybe overruled sometime in the future ….THEREFORE, Parliament may have to pass or amend law to make it clear that Prime Ministers, Ministers, AGs and such persons appointed by the King and/or Rulers including MPs, Senators and ADUNs are all public servants …

…Federal Court ruling that Prime Minister Najib Razak is not a public officer, and therefore, is immune from a suit over alleged misfeasance in public office. The former prime minister’s appeal for leave was dismissed this morning by a three-man bench chaired by Chief Justice Md Raus Sharif, who affirmed the decisions of the Court of Appeal and high court.

REMEMBER that in Malaysia, we have a lot of offences with reference to (or specific to) public officers…See for example some of these offences in the Penal Code.

PENAL CODE Offenses

119 A public servant concealing a design to commit an offence which it is his duty to prevent

128 Public servant framing an incorrect document with intent to cause injury

CHAPTER IX OFFENCES BY, OR RELATING TO, PUBLIC SERVANTS

161 Public servant taking a gratification, other than legal remuneration, in respect of an official act

162  Taking a gratification in order, by corrupt or illegal means, to influence a public servant

163  Taking a gratification, for the exercise of personal influence with a public servant

164 Punishment for abetment by public servant of the offences above defined

165  Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

166  Public servant disobeying a direction of the law, with intent to cause injury to any person

167 Public servant framing an incorrect document with intent to cause injury

168 Public servant unlawfully engaging in trade

169 Public servant unlawfully buying or bidding for property

Now, the Federal Court decision was with regard a civil action – but, still it still may apply to also criminal charges.. and as such Najib may also not be able to be charged, tried and convicted successfully for any such offences by a Public servant(or a public officer or a person holding public office).

Neither can Najib now be sued in the civil courts for nonfeasance, misfeasance and malfeasance done when he was holding public office or by virtue of being a public officer or a public servant.