Will Malaysia Ever Learn From The French Gritting Political Will To Nail Corrupters
AS Datuk Seri Rosmah Mansor grinned at her “birthday gift” acquittal yesterday (Dec 19) from a dozen money laundering charges and five counts of failure to declare her income, the Cour de Cassation which is France’s highest court had 24 hours earlier upheld former president Nicolas Sarkozy’s (2007-2012) conviction for corruption and influence peddling.
Sarkozy, 69, had appealed against the 2021 conviction in which he had been handed a three-year prison sentence. Two of the years were suspended and he faces a year in prison but is now expected to ask to be detained at home with an electronic bracelet – as is the case for any sentence of two years or less.
What transpired 10,500km away in Paris is a stark reminder that rogue leaders are everywhere – Malaysia not exempted. Ironically, corrupt leaders are often cherished as the best people on earth, probably because they have massive amount of ill-gotten gains at their disposal to butter their so-called supporter base.
“We must hand it to the French, their leaders are no less corrupt than ours but they don’t let them get away with it scot-free,” observed geologist turned freelance writer Selvaraja Somiah in his latest blog.
“Their (past) presidents like Valéry Giscard d’Estaing (1974-1981) and Jacques Chirac (1974 to 1976 and 1986 to 1988) were investigated and hauled up for corruption. Even François Mitterrand (1981-1995) was not spared.”
Added Selvaraja: “In contrast, the Malaysian record for convicting corrupt politicians is disappointing even though we too have sent to jail for corruption our former premier Datuk Seri Najib Razak who is serving a 12-year sentence but this has been halved after a royal pardon.
“And remember, our Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi was granted a discharge not amounting to an acquittal (DNAA) from all 47 charges of criminal breach of trust (CBT), corruption and money laundering.”
Political will lacking?
Indeed, Selvaraja’s commentary on the comparison between corruption convictions in France and Malaysia offers a critical assessment of the legal and political landscapes in both countries.
By juxtaposing Sarkozy’s conviction with the outcomes of recent corruption cases involving Malaysian political figures like Rosmah, her hubby Najib and Zahid who is also the UMNO president, the Penangite who is now based in Kota Kinabalu highlights a perceived disparity in the enforcement of anti-corruption laws.
Selvaraja commends the French justice system for its rigorous approach in holding leaders accountable for corrupt practices, emphasising a sense of equality before the law that transcends political affiliations.
This serves as a stark contrast to the Malaysian context where allegations of preferential treatment and selective prosecution based on political allegiances are raised in light of recent high-profile cases.
The reference to Najib’s reduced sentence through a royal pardon and Rosmah’s acquittal in a money laundering case underscores concerns about judicial independence and the effectiveness of Malaysia’s anti-corruption efforts.
Inevitably, there is already a perception of impunity among Malaysian politicians, particularly those aligned with the ruling Madani government which may erode public trust in the legal system and institutions responsible for upholding the rule of law.
Upholding integrity
The discretionary powers of the Yang di-Pertuan Agong in Najib’s sentence reduction, the judge’s reasoning behind granting DNAA to Rosmah, and the Attorney-General’s (AG) role in recommending DNAA for Zahid all underscore the intricacies and nuances of the legal system in addressing complex cases involving prominent individuals.
Datuk Seri Najib Razak (left) and Datuk Seri Rosmah Mansor (Image credit: AFP)The utilisation of discretion, judicial reasoning and legal recommendations in these cases exemplify the application of legal principles and procedures within the Malaysian legal framework.
Each decision reflects a mix of legal considerations, proper evaluation of evidence and adherence to due process while showcasing the importance of transparency and accountability in the administration of justice.
Overall, these instances serve as noteworthy examples of how legal procedures and principles are applied in real-world scenarios, shedding light on the intricacies of legal decision-making and the challenges of balancing legal considerations with broader societal interests.
They underscore the importance of upholding the integrity of the legal system while ensuring that justice is served impartially and transparently regardless of the individuals involved. – Focus Malaysia
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