The Malaysian Insight

DESPITE his expected protest at the dock, Najib Razak did get his day in court and Malaysians got a peek of what could be or what it could have been – if only institutions are empowered, kept independent and the rule of law is guarded jealously.

Over four years, Najib argued his charges of abuse of power in the SRC International case but lost twice in the High Court and Court of Appeal.

His final chance was at the Federal Court from last week but his new defence team refused to argue his case in the hope of gaining time.

But the Federal Court refused to be cowed.

Not even when there were claims against trial judge Mohd Nazlan Mohd Ghazali, who had sentenced Najib to 10 years in prison in July 2020 on each of the three counts of criminal breach of trust and each of the three counts of money laundering, and 12 years in prison and fined him RM210 million, in default of which he will have to serve five years in prison, in the case of abuse of power.

The Court of Appeal upheld the sentence last December when dismissing his appeal to set aside the conviction.

And Putrajaya kept silent despite reported pressure from Najib’s Umno party for a postponement until his defence team got its plea for more time.

Such pressure could have worked in the past, but not now, when the government of the day has a slim majority and about a year left of the mandate first given to the Pakatan Harapan government in May 2018.

Perhaps because we have a set of judges who are doing their work on judging and serving the law and the Federal Constitution – something that has been lost on many who claim to do the same.

In its 59th year, Malaysia and its people can glimpse a judiciary that serves without fear or favour, and based just on the facts of the matter rather than pandering to whichever group is louder or apparently more influential.

For too long, we have seen those with money and influence swagger and bend the system to their will but today, five judges stood firm to do their duty.

Now if only the rest of the government – the executive, the legislature and other levels of judiciary – can do the same for all Malaysians regardless of social status, race or religion.

That would make Malaysia a decent if not a better nation for all – as imagined by its founding fathers. One can only hope this is the norm forever. – August 23, 2022.