COMMENT | Should those with ongoing cases contest GE15?

COMMENT | Over the years, those facing charges and possible jail sentences thumped their chests and declared that “I am innocent until proven guilty”. And at least in a handful of cases, their names would still appear on the election candidates’ roll - nominated by their respective parties.

They would claim the charges were trumped up or politically motivated, however absurd they may sound, and such claims continue to be heard from various parties as GE15 approaches.

Understandably, there has hardly been a whimper as at least three potential candidates facing charges are leaders of their respective parties. Perhaps, many are reluctant to end up in the dumps for even suggesting that they stand down until their names are cleared.

However, some will go to all extents to remain and be called a “Yang Berhormat” even after conviction and being sent to jail.

In the case of Najib Abdul Razak, he shamelessly went to court in order to attend Parliament sittings and visit his constituency but the courts did not agree with his proposals.

It can also be argued all the way to the Federal Court that he remained an MP as he was never disqualified.

But there are bigger issues as elections loom. Unlike Najib, who is inside, others are seeking office to remain outside – with their liberty intact. Should they even be allowed when the Sword of Damocles is hanging over their heads?

Let’s not forget the “you are also on the list” statement made by the BN chief to other leaders. Hence, there will be intense pressure to stand, win, and refrain from joining Najib in Kajang.

A rare one

However, there was an exception last week. Like a beacon of light for other candidates to follow, former minister and Umno veteran Shahrir Abdul Samad announced he will not be contesting in GE15. He gave a specific and pointed reason for his decision.

“I am currently defending my integrity and good name in court. It will be unfair to ask the Johor Bahru voters to clear my name. I have to clean my name first through the court process,” he was quoted as saying.

Shahrir, 72, is charged with money laundering by not stating his real income in the income tax return form for the assessment year 2013, which is a violation of Section 113(1)(a) of the Income Tax Act 1967, on the RM1 million, believed to be from unlawful activities, which he received from former prime minister Najib through a cheque.

The presumption of innocence is a universal legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is on the prosecution, which must present compelling evidence to the court.

If the prosecution does not prove the charges, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond any reasonable doubt. If reasonable doubt remains, the accused will be acquitted.

It is a given that this basic principle is respected. Leaving aside the legalities, what about moral and ethical principles? Don’t they want the electorate to see them as principled, honest, and people of integrity? Does public office mean much more than their self-worth?

Why then do they want to continue? Standing down is not an admission of guilt but a principled decision that on taking office, they come with clean slates. What can be more rewarding than the people looking up to you as a person who carried no baggage on the way to Parliament?

Zahid, Guan Eng, and Syed Saddiq

Leaders of three major parties have yet to clear their names - Umno president Ahmad Zahid Hamidi, DAP national chairperson Lim Guan Eng, and Muda president Syed Saddiq Syed Abdul Rahman.

DAP and Muda have been very vocal in denouncing corruption and advocating accountability. DAP leaders had previously made repeated calls for BN ministers facing court cases to step down.

Will Zahid, Lim, and Syed Saddiq et al lead the way in setting the moral standards for candidates? They will not be making history by opting out (before Shahril, there was Rafizi Ramli, who opted out in 2014 to clear his name) but they will certainly draw the lines on the personal integrity of candidates.

But the fear persists that will they fall back on the much-used “innocent until proven guilty” tagline.

R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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