Court Cases For The Coming Week: Upheld Sovereignty, Najib’s Pardon, Bullying And Human Trafficking

This year, high-profile cases and bullying offences dominated courtrooms and public discourse, including those involving Datuk Seri Najib tun Razak, Tan Sri Mohd Irwan Serigar Abdullah, Tan Sri Mohd Isa Abdul Samad, and the murder of a University Pertahanan Nasional Malaysia (UPNM) student, according to a special feature wrap-up by Bernama dated Dec 21.

Legal Triumph for the Nation

A landmark moment for Malaysia fell on Nov 6 when the French Supreme Court dismissed a US$14.9 billion (about RM67.1 billion) claim by individuals purporting to be heirs of the Sultanate of Sulu. This ruling, which prevented the enforcement of an arbitration award against Malaysia, marked a significant legal triumph for the nation.

The Pardon of Najib and Others

Najib’s case was among the most discussed, particularly the Pardons Board’s decision to reduce his sentence related to the misappropriation of RM42 million from SRC International Sdn Bhd, from 12 years to six and his fine from RM210 million to RM50 million, making him eligible for release as early as Aug 23, 2028.

Additionally, on Nov 27, the High Court granted Najib and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah a discharge not amounting to an acquittal (DNAA). They earlier faced a criminal breach of trust charge involving RM6.6 billion in payments to International Petroleum Investment Company (IPIC).

Nevertheless, on October 30, Najib was ordered to enter his defence on four charges of abusing his position to secure bribes totalling RM2.3 billion from 1Malaysia Development Bhd (IMDB) and 21 charges of money laundering involving the same amount.

Najib’s defence proceedings began Dec 2, with him testifying under oath. His legal team plans to call at least 20 witnesses.

Also, Najib faces three additional money laundering charges involving RM27 million in SRC funds, with the trial set to begin on May 19 next year.

Separately, the former Pekan Member of Parliament (MP) filed a judicial review in the High Court to challenge an addendum by the 16th Yang di-Pertuan Agong so that he could serve his six-year sentence at home. However, the court dismissed the application on July 3. Najib appealed, and the Court of Appeal will hear the case on Jan 6.

In other cases, the Court of Appeal aquitted Tan Sri Mohd Isa Abdul Samad on March 6 of nine corruption charges involving RM3 million linked to the purchase of the Merdeka Palace Hotel & Suites in Kuching, Sarawak. The prosecution has since appealed to the Federal Court, pending a hearing date.

On November 18, the Court of Appeal ordered Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife, Datin Seri Zizie Izette Abdul Samad, to defend themselves against three corruption charges involving RM2.8 million. This overturned a High Court ruling on Sept 7 2023 that had acquitted the couple. The couple is set to enter their defence at the Sessions Court in April next year.

Bullying

A major case this year involved the murder of Universiti Pertahanan Nasional Malaysia (UPNM) naval cadet Zulfarhan Osman Zulkarnain.

On July 23, the Court of Appeal overturned the High Court’s 18-year prison sentence on six former UPNM students convicted of the murder, and sentenced the six offenders to death.

In the judgment, Judge Datuk Hadhariah Syed Ismail, described their actions as cruel and inhumane, noting that their cruelty demonstrated a complete lack of compassion toward a fellow student. Also, after torturing the deceased, the accused conspired to conceal their crime.

The ruling drew widespread attention nationwide.

Bullying at UPNM remains a pressing issue. On Nov 8, Amirul Iskandar Norhanizan, 22, a cadet officer at the Military Training Academy, or Akademi Latihan Ketenteraan (ALK), was charged with injuring a junior. He pleaded not guilty. Similarly, on Nov 22, another cadet officer, Mohd Adil Mat Awang Ghani, 22, pleaded not guilty to assaulting a junior. Both cases are ongoing.

Human Trafficking

The case involved GISB Holdings Sdn Bhd also made headlines when 37 individuals were brought to court in six states and charged with being members of an organised crime group, possession of banned publications, human trafficking and child exploitation.

On Oct 23, 22 individuals including GISB chief executive officer Datuk Nasiruddin Mohd Ali, his wife Azura Md Yusof and the son of the former founder of Al-Arqam, Ashaari Muhammad, Mohammad Adib At-Tarmimi, pleaded not guilty in the Selayang Sessions Court to a charge of being members of an organised crime group.

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