The decision of the Sessions Court to discharge Riza Shahriz Abdul Aziz is good news for thieves in the country, said former Prime Minister Tun Dr Mahathir Mohamad.
In a post on his blog entitled "Plea Bargain II", Dr Mahathir cynically said that the settlement method reached by the prosecution with the accused was a unique one, since the concept of 'plea bargaining' had not been adopted by the judicial system in the country.
He added that Riza's stepfather, Datuk Seri Najib Tun Razak, said the concept was not ' plea bargaining' was incorrect because the judge's decision clearly indicates that the concept has been adopted, leading to the decision being reached.
“Najib said the decision on the misappropriation of funds involving Riza Aziz was appropriate because the misappropriation of funds was not a crime. So, the solution is not the concept of 'plea bargaining.'
“If it is not a crime, then for what reason is the decision to discharge not amounting to an acquittal achieved - discharge for what if it is not a crime?
“Coincidentally, the law also included the Anti-Money Laundering Act, Prevention of Financing of Terrorism and the Results of Illegal Activities 2001 (Act 613) - which is certainly not a crime.
"Call it by any name, but the decision is a unique one. A thief was arrested for theft, or misuse of power, or obtained something illegally, and then asked to return it.
"He was later discharged without being acquitted," the Langkawi MP wrote.
On May 14, Sessions Court Judge Azman Ahmad allowed Riza Shahriz to be discharged not amounting to an acquittal from the charge of misappropriating 1Malaysia Development fund of RM1.25 billion, and the decision was reached after an agreement between the accused and the prosecution.
Through the agreement, the head of the prosecution team, Datuk Seri Gopal Sri Ram, said the Federal Government would receive a sum of millions of ringgit.
In a posting dated May 21, 2020 entitled 'Plea Bargain', Dr Mahathir said the court's decision should not have been made because Riza had not returned all the money believed to have been misappropriated from the 1MDB fund.
He said the people were disgusted and angry and would question whether that was the kind of justice practised in the country.
Najib in his May 22 reply said that the settlement reached by the prosecution and the accused was not 'plea bargaining' as the charges against Riza were not made under the Penal Code.
Dr Mahathir further asked, if not 'plea bargaining', then what would be the appropriate terms for the generosity of the Malaysian Government?
“As Datuk Seri Anwar once mentioned - in Malaysia you can steal ten chickens and only return one and you can enjoy the other nine.
"This is good news for thieves. It may even be good for some lawyers in the country. But we have to be careful with our pockets and savings. And foreign tourists should also be careful. This is a new normal in the country,” he wrote.
Firdaus Azil
Mon Jun 22 2020
Dr Mahathir said the court's decision should not have been made because Riza had not returned all the money believed to have been misappropriated from the 1MDB fund. -Bernama
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