We are in a catch-22 situation. Every commentator will have a disclaimer that their comments should not be construed as going against the King, as that would open them up to investigation under the 3R rule: Race, Religion, and Royalty. Pakatan Harapan has conveniently said that they are against the 4th R, which is Rasuah (corruption). Now, let me do a cost-benefit analysis.

COST

1. The rakyat will lose faith in the system because it sends a message that if you are rich and powerful, you don’t have to stay in prison. Ridicule and sarcasm will fill our discussion.
2. All current existing principles — such as waiting for your turn, being remorseful, and having no other pending cases, etc. — all these arguments made before simply go down the drain. Queue-jumping is allowed.
3. If the Prisons Department needs to deploy personnel to monitor the home inmate through monitoring devices and personal supervision, then that will be an additional cost.
4. It will create frustration and depression, as well as subject those who fought hard; the whistleblowers, the lawyers, and the NGOs who campaigned tirelessly for corrupt politicians to be punished

BENEFIT

1. This precedent would give existing and future offenders a new avenue to seek the option of house imprisonment.
2. The government would receive RM50 million, which could be put to good use.
3. Prison congestion could be reduced, improving space in existing prisons.

The second catch-22 is this: when Anwar was pardoned, the argument then was that he was wrongly convicted because of selective prosecution and an unfair judiciary. For Najib’s supporters, it is the same argument. They point to selective prosecution by Mahathir and the then Attorney General, Tommy Thomas. They claim there were trumped-up allegations against the “good Bossku” Najib.

Since the Pardon Board’s decision and how each member voted are all secret, all parties can say what they want to make their supporters happy. Hannah and Azalina, two Cabinet members can each claim their own position, taking credit or otherwise.

Whatever is said and done, a few issues will definitely need clarity and reform:

1. The selection of the Attorney General and the separation of powers between the AG and the Solicitor General.
2. A fair judiciary — the selection of judges and their independence.
3. A transparent Pardon Board.
4. An independent media, not strangled by 3R restrictions.

Unless these are in place, any decision will only manifest as ridicule and make the rakyat distrust the system. When the system doesn’t work, a fight against the system is the only way out.

S. Arutchelvan
Deputy Chairperson
Parti Sosialis Malaysia (PSM)
19-9-26