CONVICTED former prime minister Najib Razak’s successful application for a temporary passport release will affect the judiciary’s credibility, said observers.

They told The Malaysian Insight that the public cannot understand why the Pekan MP’s overseas trip was approved or why the prosecution failed to object to the application.

Former Malaysian Bar president Salim Bashir Bhaskaran said recent court approvals for high-profile personalities to have their impounded passports temporarily returned will be used as a precedent for similar cases in future.

“Najib and Rosmah Mansor’s cases will be used as a precedent to persuade the courts to exercise discretion in entertaining similar applications.”

In all the trials involving Najib, Rosmah, Umno president Ahmad Zahid Hamidi and lawyer Muhammad Shafee Abdullah, not one prosecution team objected to their applications to have their passports released.

Salim said: “The question that should be asked is what is the sole basis and reason for not objecting to the applications.”

“The public must be apprised of the reasons and guidelines, if any, as this can provide consistency and shed light to all similar applications in future.”

There were many instances in the past where passports were released by courts to the accused for reasons deemed necessary to travel abroad, he added.

“There are no specific reason stated in law, but, generally, it is subjected to the courts’ judicial discretion to evaluate the urgency and importance to allow travel based on the applications.”

Compared with the other individuals on trial, the decision to allow Najib to travel abroad and grant him revised dates has been met with greater public criticism.

“The contrasting viewpoint of Najib and Rosmah’s situations is that the latter’s case is still pending, and she is deemed innocent till proven guilty,” said Salim.

Najib no longer enjoys that presumption after he was found guilty in his SRC case, hence his appeal now pending deliberation at the Court of Appeal, he added.

On July 28 last year, the Kuala Lumpur High Court had convicted Najib of criminal breach of trust, money laundering and power abuse involving RM42 million belonging to SRC International, a subsidiary of 1Malaysia Development Bhd.

He was fined RM210 million and sentenced to 12 years’ jail.

Najib had yesterday responded to the criticism by saying that he did not receive any special treatment in getting his passport released to travel to Singapore to visit his pregnant daughter.

“What special treatment? I applied for the temporary release of my passport from the court.”

He said the decision to release his passport was unanimously made by three judges at the High Court and Court of Appeal.

Centre to Combat Corruption and Cronyism executive director Cynthia Gabriel said the cases involving Rosmah, Zahid and Shafee should not be lumped together with Najib’s.

It is obvious that the former prime minister has received special treatment, she added, and wondered whether the judiciary has watered down its judgement.

“It is really bizarre that a convicted criminal is allowed to roam free and cross borders into another country.

“This preferential and special treatment towards him definitely sets back the seriousness of the judiciary in addressing corruption offences.”

After the Court of Appeal allowed Najib the temporary return of his impounded passport, the Kuala Lumpur High Court allowed him to amend his passport release datesso he can lead the Malacca polls.

Gabriel said: “His approved appeal to delay his departure speaks volumes of the special treatment accorded to him.”

“It is all the more pertinent now in this time of political uncertainty that the judiciary treats the crime of corruption with added priority.”

Patriot president Mohamed Arshad Raji said Najib’s freedom is an unusual occurrence that can build the perception of a flawed legal system.

He said people will get the wrong perception of the judiciary, and questioned the conscience and dignity of the former prime minister.

“Although there is no specific law to stop a convicted person from going out as it is all dependent on the court, he (Najib) should realise that he is already a convicted criminal.

“It is not right for him to travel, I do not think he has any shame,” he said, adding that Najib will not get a good impression from Singaporeans.

He also doubts that the courts will accord the same treatment to other convicts.

“We are like trash. These are (for) top fellas. He (Najib) is even dictating terms now by adjusting his travel dates.

“I do not know if any other country will allow such a thing. If you are charged, consider yourself as charged. Even if there is an appeal.” – October 27, 2021.