‘Najib’s sentence loses deterrent value if allowed intermittent freedom’

As former prime minister Najib Abdul Razak seeks to attend to his parliamentary duties despite serving his jail sentence, a former state assemblyperson warned that this could weaken the deterrence value of jail sentences against politicians.

Former Kota Alam Shah assemblyperson M Manoharan said such “intermittent freedom” would also place Najib above the law compared to other convicts, many of whom aren’t even allowed to attend funerals of close family members and other emergencies.

“Nobody should be above the law. The ‘deterrent’ principle under sentencing by courts might not work for politicians if Najib is allowed intermittent freedom.

“One of the principles of sentencing is deterrence; the other is rehabilitation.

“Intermittent freedom and seeking solace are dangerous to the established principles of law,” the lawyer said in a statement today.

Earlier today, Najib’s lawyer Muhammad Shafee Abdullah said his team has written to Home Minister Hamzah Zainudin to appeal against the Prison Department’s decision not to allow the Pekan MP to attend parliamentary proceedings, which resumed today.

He said Najib’s political aide was also unable to visit him in prison, which meant Najib is unable to serve his constituents.

“Once in a while, he as MP should be allowed to be escorted (by prison authorities) to his constituency to hear grouses of the people there and speak with his aide on whether there are any problems (in the Pekan constituency),” he added.

If no favourable reply is received by noon tomorrow, Shafee said his team would file a judicial review to enable Najib to perform his parliamentary duties.

ISA detention

However, Manoharan said he was also unable to perform his duties as an assemblyperson when he was detained under the Internal Security Act 1960 (ISA).

The ISA is a law that enabled allows for indefinite detention without trial. Manoharan was detained under the ISA from December 2007 to May 2009.

The law has since been abolished and replaced by the Security Offences (Special Measures) Act 2012.

Manoharan won the Kota Alam Shah state seat during the 2008 general election, while still detained under ISA in at the Kamunting Detention Centre in Perak.

Despite numerous appeals by him and his wife S Pushpaneela, Manoharan said he was not allowed to attend state assembly sittings and his wife had to take care of his constituents during his absence.

“I was only a political detainee and not even a corrupt individual. I took the oath in the Kamunting Detention Camp.

“I was not allowed to even take my oath as an assemblyperson (at the Selangor state assembly),” he said.

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