Najib disqualified from public contest despite delayed SRC conviction - Constitutional expert

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Najib disqualified from public contest despite delayed SRC conviction - Constitutional expert Although Najib Razak has sought a stay on his criminal conviction in the SRC International case, the former prime minister is still ineligible to contest the election pending his appeal in the Federal Court to be completed. This is according to several constitutional experts and lawyers when contacted by Malaysiakini today. Shad Saleem Faruqi from the University of Malaya said although Najib could remain as Pekan MP, he was disqualified from contesting in the election according to the Federal Constitution. "He remains a member of parliament until his appeal or petition for pardon is resolved. This is provided for in Article 48 (4) (b) of the Federal Constitution. The constitutional expert said Najib could contest the election if he got a full royal pardon before nomination day. Last year, the Kuala Lumpur High Court found Najib guilty of seven corruption -related charges involving a total of RM42 million in SRC International funds, as well as sentenced him to 12 years in prison and a fine of RM210 million. The judgment was upheld by the Court of Appeal in a unanimous decision last week, after a three -judge panel heard Najib's appeal. The Court of Appeal, however, allowed Najib to postpone his conviction and execution pending the resolution of his appeal in the Federal Court. This was confirmed by both the prosecution and Najib's lawyer when contacted, as well as a review of a journalist's note from the court that day where a panel of judges allowed the defense's application for stay of conviction and execution of sentence. Following the decision, the question arose as to whether the Umno politician was still eligible to contest in the next election or not, with well -known lawyer Haniff Khatri urging the Court of Appeal to clarify the matter. The postponement does not mean the lapse of Najib's conviction Senior lawyer Salim Bashir Bhaskaran also shared the same view, saying the postponement of the conviction given to Najib had no effect on his disqualification as a current member of parliament. “Article 48 (4) of the Federal Constitution states that a person need not vacate his seat pending the outcome of his appeal. "Right now, another question is whether he can contest or not? In this situation, we need to refer to subsection 5 of Article 48. "The subsection says a person who has been convicted, he cannot be a member of parliament. Cannot be nominated, cannot be elected as a member of parliament. "But the effect of whether he can contest or not, that is stated in the constitution and the constitution is quite clear, Article 48 (5) says he cannot," he said. According to Salim, Najib can only contest in the next election if released by the Federal Court. "If it doesn't go away, then that's the end. "If the GE is before the decision of the Federal Court, he cannot contest," he explained. Another Syed Iskandar lawyer Syed Jaafar Al Mahdzar said the stay order did not mean Najib's conviction had been "disposed of". According to him, there was a reference case in India when the then Prime Minister of India Indira Gandhi was convicted of an election offense by the Allahabad High Court. "Indira was convicted of an election offense by the Allahabad high court. She appealed and got a stay of conviction and sentence. “He then told the Supreme Court of India that his conviction had been adjourned and thus he could contest in the election. "However, the Supreme Court said no, because the adjournment is just awaiting appeal. And this does not mean the conviction is disposed of." Meanwhile, Najib's lawyer Muhammad Shafee Abdullah when contacted said he had not been instructed to comment on questions on whether the former prime minister could contest the election or not. However, he stressed, their main concern in applying for a stay of conviction was his position as an MP. "So with the postponement, he still remains a member of parliament. "The election is another story, because he hasn't decided anything yet." His Majesty: Indonesian corruption offenders are not involved in the third tallest building in M'sia Mulia Property Development Sdn Bhd, which manages The Exchange 106 building, insisted Indonesian prisoner Djoko Tjandra was not involved in the development of the iconic skyscraper which is part of the Tun Razak Exchange development and the third tallest building in Malaysia. Djoko, also known as Joe Chan, is the founder of Mulia Group and is currently serving a prison sentence in Indonesia for bribing police and prosecutors. “The management of The Exchange 106 clarifies Joe Chan is no longer involved in The Exchange 106 in any form and is neither a shareholder nor a director. "The legal issue is personal in Indonesia and has nothing to do with The Exchange 106," the firm said in a statement. The company responded to an article by Damansara MP Tony Pua revealing incidents involving Mulia and The Exchange 106 when he was political secretary to the finance minister in 2019. Pua said the Finance Ministry during the Pakatan Harapan administration had taken appropriate measures against Mulia who owned the project. The project was given a government loan of RM1.8 billion in 2016 by then prime minister Najib Razak after the developer was unable to secure funding amid the 1MDB scandal. Pua said Djoko was angry with the appropriate measures in 2018 after being given special treatment by Najib and then had the opportunity to meet the then prime minister Dr Mahathir Mohamad to complain about Pua. The DAP MP had revealed the incident after Mahathir, in his latest memoir, accused him of “threatening” the business community. Pua, meanwhile, did not regret his action, saying he was proud to protect taxpayers' funds and ensure there was no wastage. His Majesty, in a statement today, confirmed that the appropriate measures have been implemented and finally resolved. “In 2018, when due diligence is implemented at The Exchange 106, the project is still under construction, and regulatory compliance is still ongoing as work is in the process of being completed. “The management has provided good cooperation with the appropriate measures taken and all matters have finally been clarified and resolved adequately. "The management of The Exchange 106 would also like to express its appreciation to the government which has been very supportive and played a role in the successful completion and commissioning of The Exchange 106 by the end of 2019 in line with all regulatory, legal and regulatory requirements," he said. Djoko was last month sentenced to four years and six months in prison by the Indonesian Supreme Court for bribing Indonesian officials to remove him from Interpol's red notice list. Djoko allegedly planned a ‘release deal’ to escape the authorities at The Exchange 106. He has been hunted for 11 years for embezzlement and was only brought to court after Malaysia in July 2020 extradited him to Indonesia. MRSM bullying case: Police arrest 4 more students Police detained four more students to assist in the investigation of a bullying case allegedly occurred at the Mara Junior Science College (MRSM) Sultan Azlan Shah, Kuala Kangsar, as reported on social media yesterday. Perak police chief Mior Faridalathrash Wahid said a 15 -year -old student and three 13 -year -olds were arrested while testifying at the Kuala Kangsar District Police Headquarters today. He said it made a total of 10 arrests so far after six students were arrested yesterday. "Six of them were released this afternoon while four others will be released tomorrow after the investigation is completed," he said when contacted by Bernama today. The actions of some teenagers who are believed to be dormitory students punching and kicking another student en masse, spread on social media through several videos lasting 13 to 30 seconds, thus receiving public condemnation. Preliminary investigations found that the incident occurred at about 1 to 2 am on Dec 9 involving a victim who was also 13 years old. Following that, the police called all the students involved and the owners of the social media accounts who transmitted the video to testify to assist in the investigation of the case under Section 147 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.

Najib disqualified from public contest despite delayed SRC conviction - Constitutional expert


Although Najib Razak has sought a stay on his criminal conviction in the SRC International case, the former prime minister is still ineligible to contest the election pending his appeal in the Federal Court to be completed.

This is according to several constitutional experts and lawyers when contacted by Malaysiakini today.

Shad Saleem Faruqi from the University of Malaya said although Najib could remain as Pekan MP, he was disqualified from contesting in the election according to the Federal Constitution.

"He remains a member of parliament until his appeal or petition for pardon is resolved. This is provided for in Article 48 (4) (b) of the Federal Constitution.

The constitutional expert said Najib could contest the election if he got a full royal pardon before nomination day.

Last year, the Kuala Lumpur High Court found Najib guilty of seven corruption -related charges involving a total of RM42 million in SRC International funds, as well as sentenced him to 12 years in prison and a fine of RM210 million.

The judgment was upheld by the Court of Appeal in a unanimous decision last week, after a three -judge panel heard Najib's appeal.

The Court of Appeal, however, allowed Najib to postpone his conviction and execution pending the resolution of his appeal in the Federal Court.

This was confirmed by both the prosecution and Najib's lawyer when contacted, as well as a review of a journalist's note from the court that day where a panel of judges allowed the defense's application for stay of conviction and execution of sentence.

Following the decision, the question arose as to whether the Umno politician was still eligible to contest in the next election or not, with well -known lawyer Haniff Khatri urging the Court of Appeal to clarify the matter.

The postponement does not mean the lapse of Najib's conviction

Senior lawyer Salim Bashir Bhaskaran also shared the same view, saying the postponement of the conviction given to Najib had no effect on his disqualification as a current member of parliament.

“Article 48 (4) of the Federal Constitution states that a person need not vacate his seat pending the outcome of his appeal.

"Right now, another question is whether he can contest or not? In this situation, we need to refer to subsection 5 of Article 48.

"The subsection says a person who has been convicted, he cannot be a member of parliament. Cannot be nominated, cannot be elected as a member of parliament.

"But the effect of whether he can contest or not, that is stated in the constitution and the constitution is quite clear, Article 48 (5) says he cannot," he said.

According to Salim, Najib can only contest in the next election if released by the Federal Court.

"If it doesn't go away, then that's the end.

"If the GE is before the decision of the Federal Court, he cannot contest," he explained.
Another Syed Iskandar lawyer Syed Jaafar Al Mahdzar said the stay order did not mean Najib's conviction had been "disposed of".

According to him, there was a reference case in India when the then Prime Minister of India Indira Gandhi was convicted of an election offense by the Allahabad High Court.

"Indira was convicted of an election offense by the Allahabad high court. She appealed and got a stay of conviction and sentence.

“He then told the Supreme Court of India that his conviction had been adjourned and thus he could contest in the election.

"However, the Supreme Court said no, because the adjournment is just awaiting appeal. And this does not mean the conviction is disposed of."

Meanwhile, Najib's lawyer Muhammad Shafee Abdullah when contacted said he had not been instructed to comment on questions on whether the former prime minister could contest the election or not.

However, he stressed, their main concern in applying for a stay of conviction was his position as an MP.

"So with the postponement, he still remains a member of parliament.

"The election is another story, because he hasn't decided anything yet."


His Majesty: Indonesian corruption offenders are not involved in the third tallest building in M'sia


Mulia Property Development Sdn Bhd, which manages The Exchange 106 building, insisted Indonesian prisoner Djoko Tjandra was not involved in the development of the iconic skyscraper which is part of the Tun Razak Exchange development and the third tallest building in Malaysia.

Djoko, also known as Joe Chan, is the founder of Mulia Group and is currently serving a prison sentence in Indonesia for bribing police and prosecutors.

“The management of The Exchange 106 clarifies Joe Chan is no longer involved in The Exchange 106 in any form and is neither a shareholder nor a director.

"The legal issue is personal in Indonesia and has nothing to do with The Exchange 106," the firm said in a statement.

The company responded to an article by Damansara MP Tony Pua revealing incidents involving Mulia and The Exchange 106 when he was political secretary to the finance minister in 2019.

Pua said the Finance Ministry during the Pakatan Harapan administration had taken appropriate measures against Mulia who owned the project.

The project was given a government loan of RM1.8 billion in 2016 by then prime minister Najib Razak after the developer was unable to secure funding amid the 1MDB scandal.

Pua said Djoko was angry with the appropriate measures in 2018 after being given special treatment by Najib and then had the opportunity to meet the then prime minister Dr Mahathir Mohamad to complain about Pua.

The DAP MP had revealed the incident after Mahathir, in his latest memoir, accused him of “threatening” the business community.

Pua, meanwhile, did not regret his action, saying he was proud to protect taxpayers' funds and ensure there was no wastage.

His Majesty, in a statement today, confirmed that the appropriate measures have been implemented and finally resolved.

“In 2018, when due diligence is implemented at The Exchange 106, the project is still under construction, and regulatory compliance is still ongoing as work is in the process of being completed.

“The management has provided good cooperation with the appropriate measures taken and all matters have finally been clarified and resolved adequately.

"The management of The Exchange 106 would also like to express its appreciation to the government which has been very supportive and played a role in the successful completion and commissioning of The Exchange 106 by the end of 2019 in line with all regulatory, legal and regulatory requirements," he said.

Djoko was last month sentenced to four years and six months in prison by the Indonesian Supreme Court for bribing Indonesian officials to remove him from Interpol's red notice list.

Djoko allegedly planned a ‘release deal’ to escape the authorities at The Exchange 106.

He has been hunted for 11 years for embezzlement and was only brought to court after Malaysia in July 2020 extradited him to Indonesia.


MRSM bullying case: Police arrest 4 more students


Police detained four more students to assist in the investigation of a bullying case allegedly occurred at the Mara Junior Science College (MRSM) Sultan Azlan Shah, Kuala Kangsar, as reported on social media yesterday.

Perak police chief Mior Faridalathrash Wahid said a 15 -year -old student and three 13 -year -olds were arrested while testifying at the Kuala Kangsar District Police Headquarters today.

He said it made a total of 10 arrests so far after six students were arrested yesterday.

"Six of them were released this afternoon while four others will be released tomorrow after the investigation is completed," he said when contacted by Bernama today.

The actions of some teenagers who are believed to be dormitory students punching and kicking another student en masse, spread on social media through several videos lasting 13 to 30 seconds, thus receiving public condemnation.

Preliminary investigations found that the incident occurred at about 1 to 2 am on Dec 9 involving a victim who was also 13 years old.

Following that, the police called all the students involved and the owners of the social media accounts who transmitted the video to testify to assist in the investigation of the case under Section 147 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998.
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