To Pardon Or Not To Pardon Part 4: Conspiracy Theories From Outer Space

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There are many theories, or should we call them conspiracy theories, regarding Najib's pardon appeal. There are too many to list, but here are a few:- (1) If Najib is released, he could become a political threat to the unity government. (2) Once released, he would challenge the post of UMNO presidency, putting Zahid and ultimately the PH Unity Government at risk; (3) Or, he might join PN and strengthen PN's challenge for the crucial Malay votes in the next election; (4) The Yang di-Pertuan Agong wanted to give full royal pardon but was objected to by the Attoney General and the Federal Territory Minister. Let's analyze each of the above:- Najib as a political force. We should not forget, UMNO had been the ruling government since independence in 1957, a total of 61 years continuously. It went down in GE14 in 2018. Najib was UMNO's last prime minister proving he, or UMNO, was not invincible at all. Nonetheless, Najib star shone again during the state el...
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To Pardon Or Not To Pardon Part 2: Lee Meng, Mokhtar Hashim

Lee Meng

Lee Meng, a famous communist courier during the Malayan Emergency, was captured by the Special Branch in the early 1950s. She was sentenced to death for possession of a hand grenade and for ordering several murders.

Her case attracted worldwide attention, including an offer by the then-communist government of Hungary to swap her freedom with a British spy detained in Budapest.

Lee Meng in court

Her appeal to the Privy Council was also rejected. Point to note: until 1978, final appeals for criminal cases must have been referred to the Privy Council, now replaced by the Malaysian Supreme Court.

Since her conviction was in a Perak court, her final appeal was for pardon from the Perak Sultan. And interestingly, her appeal for pardon was supported by more than 50 members of the Malayan Parliament. Even Winston Churchill, the then British Prime Minister, strongly argued against her pardon, but the Sultan of Perak agreed to pardon her, and she was banished to China after her pardon.

Lee Meng visited Malaysia in 2007 or 2008

Lee Meng's case is one of those cases forgotten by history. If you are interested in reading her story written like a novel, buy a book titled The War of the Running Dogs by Noel Barber. But for serious reading, go for Chin Peng's My Side of Historyor Leo Comber's Malaya's Secret Police. 1945–60: The Special Branch in the Malayan Emergency.

Mokhtar Hashim

Mokhtar bin Hashim, an UMNO politician and a member of parliament for Tampin, Negeri Sembilan, served as the Minister of Culture, Youth and Sports from 1980 to 1983. In 1982, he was convicted for the murder of a rival politician, Negeri Sembilan Assembly Speaker Taha Talib in Gemencheh, Negeri Sembilan and was sentenced to death. The murder happened just a week before the general election and many suggested it was due to political rivalry though the real motive has become a mystery until today.. Later, the sentence was commuted to life imprisonment. In 1991, the Yang di-Pertuan Agong issued a royal pardon and he was relesed from prison the same year.
Dato' Mokhtar Hashim passed away on the 18th of November 2020. He was a former student of the famous Malay College Kuala Kangsar (MCKK). AND he was replaced by Anwar Ibrahim in 1983 (his first ministerial post though he was appointed as deputy minister before that). Anwar Ibrahim was also a former student of MCKK. And another big similarity, Anwar Ibrahim who was jailed for 5 years on sodomy charge (many claimed this as politically motivated) also received a royal pardon in 2018.

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To Pardon Or Not To Pardon Part 4: Conspiracy Theories From Outer Space

Image
There are many theories, or should we call them conspiracy theories, regarding Najib's pardon appeal. There are too many to list, but here are a few:- (1) If Najib is released, he could become a political threat to the unity government. (2) Once released, he would challenge the post of UMNO presidency, putting Zahid and ultimately the PH Unity Government at risk; (3) Or, he might join PN and strengthen PN's challenge for the crucial Malay votes in the next election; (4) The Yang di-Pertuan Agong wanted to give full royal pardon but was objected to by the Attoney General and the Federal Territory Minister. Let's analyze each of the above:- Najib as a political force. We should not forget, UMNO had been the ruling government since independence in 1957, a total of 61 years continuously. It went down in GE14 in 2018. Najib was UMNO's last prime minister proving he, or UMNO, was not invincible at all. Nonetheless, Najib star shone again during the state el...
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To Pardon Or Not To Pardon Part 3: What The Constitution Says

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Article 42 says:- (1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State. (2) Subject to Clause (10), and without prejudice to any provision of federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court- martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed. (3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circu...
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