Apology from Father of 1MDB scandal: “Stupidity and foolishness are no defence in law”
A person’s contribution and character can only be a mitigating factor. I think there is nothing in Malaysian criminal statutes where a crime – once filed – can be forgiven because of any other unrelated punishment.
Dr Raman Letchumanan, Focus Malaysia
THAT was what I wrote in Malaysiakini on July 29, 2022.
At that time, I was directing my comment at lawyer Datuk Zaid Ibrahim who was then acting as defence counsel for former premier Datuk Seri Najib Tun Razak at the Federal Court in the SRC International Sdn Bhd (SRC) case.
The former de-facto law minister was making comments similar to what Najib said in his media statement dated Oct 24 which was read out by his son at the Kuala Lumpur Court Complex.
With due respect, I would now direct that comment to Najib after carefully reading his media statement. I would add that stupidity, foolishness and ignorance are no defence in law.
Here are my reasons why I think so.
- Para 2: “It pains me every day to know the 1MDB debacle happened under my watch.”
A Prime Minister (PM) as head of the government takes constitutional responsibility and accountability for all things that happened under his regime whether good or bad. For this reason, he is endowed with cabinet ministers with specialist portfolio, civil servants and advisors.
Furthermore, Najib as the then finance minister is the shareholder of companies under the Ministry of Finance Inc (MOF Inc). In the case of 1MDB (1Malaysia Development Bhd) and SRC, he took an additional role as chairman of the board of advisors and had veto power over every decision or investment made.
By using the general term “under my watch”, Najib seems to indicate he had no direct role in what happened in 1MDB and SRC, hence should not be faulted. Note further that he said, “for that, I apologise unreservedly to the Malaysian people”.
It is like a father saying I apologise for the misdeeds of my son and wash my hands off when the father himself abetted the crime.
- Para 3 & 4: “I am not a mastermind and was deceived by Jho Low and PetroSaudi officials.”
Again, to say a PM is deceived by some individuals is an insult to himself and the governance of a sovereign country.
A layperson knows that despite all promises, warranties and written contract, once the funds transfer hands to a third party, he becomes a lame-duck party to that transaction.
The issue is not what happened after the funds left the Malaysian shore but the decision-making process before funds are transferred.
On this, we have ample proof Najib facilitated the funds transfer against all advice by the board, government officials, media and whistleblowers which he actively shut down or muzzled using state enforcement apparatus.
- Para 6: “On hindsight, when various parties started to question, I should have acted differently.”
Najib used the state enforcement apparatus to taunt, arrest and shut down anyone who questioned him and 1MDB. Was Najib not aware of the many massive street protests that took place and how they were roughly manhandled?
No, Najib is not speaking on hindsight – but on foresight eyeing the potential verdict of the 1MDB trial slated for this Wednesday (Oct 30).
- Para 7: “I have been punished politically … and I should not be punished legally.”
Where in the world is there such a criminal jurisprudence where a crime can be offset with a political punishment?
The political punishment is from the people’s court. That is clear proof that Najib and his party cannot be trusted to govern the country. The stranglehold that UMNO had in governing the country for 60 years was broken by the 1MDB debacle.
The people’s verdict was that such blatant theft of public funds cannot go on unchecked. In fact, in criminal justice, a person higher up in the decision-making process should be more culpable than any ordinary person.
At most, a person’s contribution and character can only be a mitigating factor. I think there is nothing in Malaysian criminal statutes where a crime – once filed – can be forgiven because of any other unrelated punishment.
(v) Para 8: “Being held legally responsible for things I did not initiate or knowingly enable is unfair … and pray the judicial process will prove my innocence”
Yes, we too pray that the judicial process will be fair and rule of law will prevail. For five long years, the people have witnessed the trial by the best lawyers in town.
We hope that all parties will accept the decision in good faith and not challenge it unnecessarily like what happened after the Federal Court SRC case.
In my view, Najib should not have come up with that media statement which in the public eyes incriminates him further. He should well be reminded of what I wrote in Malaysiakini on Sept 8 on “Najib being the architect of his own misfortune”.
Finally, we hope that with the 1MDB and related cases undergoing judicial process, we can leave them behind and carry on with governing the country.
The administration and politicians should not be reviving this embarrassing mega-kleptocratic blackmark on our nation while shouting anti-corruption slogans.
The world has punished the perpetrators and traitors and moved on while on ground zero, this 1MDB debacle is still raging.
The Madani administration may forgive but the people will not forget the outcome of the 14th General Elections (GE14) in May 2018. – Oct 28, 2024
Raman Letchumanan is a former senior official (environment) in Malaysia and ASEAN, and Senior Fellow at Nanyang Technological University Singapore. He is an accredited accountant (Malaysia/UK) and has a Ph.D in environmental economics, among other qualifications.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
