Mahathir, whose historic election victory in 2018 triggered Najib's downfall, constantly implied in the media that delays in various trials related to the multi-billion-dollar corruption scandal at 1MDB would result in justice being denied.
Yet despite the seeming finality seen in the Federal Court’s rejection of Najib’s appeal and subsequent stint in Kajang Prison, Mahathir seems to insist that the story is not over – stating that “For Najib, there is a big possibility that he will be pardoned after having been jailed”.
Mahathir’s disdain for Najib Razak is both well-known and recorded, with the former strongman often criticizing and antagonizing Najib Razak as a failure of a Prime Minister, perhaps in a way attempting to salvage his legacy.
Yet his sudden support and worry for the carriage of justice in the country is seemingly at odds with how he once treated the judiciary in his first era of rule in Malaysia, with the odd parallels being seen with the arrest and jailing of his former deputy, Anwar Ibrahim.
His crude dismissal and persecution of his deputy, Anwar Ibrahim, in 1998 irrevocably tarnished Dr. Mahathir's credibility and arguably had done much damage to both the reputation and image of the judiciary – and most worryingly set the stage for the state of the courts we see today.
This was seen in his weakening of state and informal institutions and packed them with loyalists to facilitate his autocratic rule. In the most egregious case, he intervened to subdue the judiciary and ensure it would yield the results he sought when his political control was endangered.
Across the years, Dr. Mahathir transformed the regime in Malaysia into a highly institutionalized party-state that he personally operated, manipulated and dominated eight-character identity, and were at times virtually synonymous.
Again, Dr. Mahathir's frontal assault was surprising since Malaysia's judiciary previously had not been the source of controversy. The courts had an international reputation for independence and integrity, though they were fairly conservative and had never held any act of parliament unconstitutional. Malaysia's first three premiers, lawyers all, coexisted comfortably with the judiciary, and Dr. Mahathir seemed to share their appreciation of the institution.
"I will always respect the independence of the judiciary," he had told the Asean Law Association General Assembly in October 1982. While the legislature must retain the ”right to make laws, he said the judiciary should be free to judge the government's alleged trespasses without fear or favour, in accordance with the Constitution, the law and the law of evidence and procedure, as well as justly and fairly. "We shall always respect their judgments.
Having been thwarted at times by the courts, however, an aggrieved and aggressive Dr. Mahathir felt differently. In private, one of his favourite slogans became, "Hang the lawyers, hang the judges."
Deep in his heart, Dr. Mahathir found it hard to respect legal practitioners – and no doubt given his words today, he has made it hard for everyone else to believe in the courts as well. A great legacy that he has left us with.
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