Former Malaysian Prime Minister (PM) Najib Razak may seek a royal pardon after a top court upheld his conviction in the 1Malaysia Development Berhad (1MDB) corruption scandal, his legal team has said.
Najib’s lawyer, Syed Iskandar Syed Jaafar Al Mahdzar, admitted, however, that although they may file a review application or seek a pardon from King Al-Sultan Abdullah, Najib will still have to serve part of his 12-year jail term.
“I think Najib will have to serve (the sentence) for a certain period before he can be pardoned because he did not present mitigating factors before the highest court,” Jaafar said.
He cited previous examples of such a scenario, including that opposition leader Anwar Ibrahim, who was granted amnesty in May 2018 after being imprisoned in 2015 on sexual misconduct charges against his former aide.
Najib Razak arrives at the Kajang Prison to start his 12-year prison sentence. pic.twitter.com/Dz0sIojhTi
— Raja Petra Bin Raja Kamarudin (@RajaPetra) August 23, 2022
Abu Talib Othman, who served as the country’s attorney general from 1980 to 1993, added that “It is up to him (Najib) if he wants to apply” for clemency. He clarified that it was “not an appeal, but only an administrative procedure.”
The legal team’s deliberations come after a five-judge panel on Tuesday dismissed the former PM’s December appeal to reverse a 12-year jail sentence and upheld all seven guilty charges.
Chaired by Chief Justice Tengku Maimun Tuan Mat, the panel ruled that “On the totality of the evidence, we find the conviction of the appellant on all seven charges safe. We also find that the sentence imposed is not manifestly excessive.” It concluded that Najib’s appeals were, therefore, “unanimously dismissed.”
As a result of the ruling, the former leader was taken to Kajang Prison, south of Kuala Lumpur, on Tuesday. He will also pay a fine of RM210 million (US$46.8 million) in relation to the seven charges, which include abuse of power, breach of trust, and money laundering between 2010 and 2015.
Ex PM Najib Razak said he’s denied a fair trial because effectively he’s left without a counsel . Lead counsel Hisyam Teh said he’s not ready , there simply isn’t enough time to prepare and he won’t be making any submission to defend his client . pic.twitter.com/tYWUEhazow
— Melissa Goh (@MelGohCNA) August 18, 2022
A failure to pay the fine will result in an additional five years of prison time for the 69-year-old, who was in power from 2009 to 2018. Moreover, the conviction will prevent Najib from contesting future elections and he will also lose his parliamentary seat. The former MP, who pleaded not guilty to all charges, had been originally handed the sentence by judge Nazlan Ghazali on 28 July 2020, following which he launched an appeal.
According to investigators, around $4.5 billion was stolen from the 1MDB sovereign wealth fund, which was co-founded by Najib during his first year as prime minister in 2009 and over $1 billion was siphoned into accounts linked to him.
According to reports, the public fund was used to purchase a Monet painting for $35 million, a $5.5 million original work by Van Gogh, nearly $30 million in jewellery for his wife Rosmah, a $35 million Bombardier jet. It was also used to help finance the 2013 Hollywood film “The Wolf of Wall Street,” which was produced by Najib’s stepson Riza Aziz.
I've read commenters saying decision made in @NajibRazak case only mention CJ Tengku Maimun. Let me remind you guys, there were 5 judges in the corum. CJ alone cannot make the decision. It was unanimous. Means all 5 judges agreed on the decision. @MYJudiciary
— Siti Kasim (@sitikasim) August 23, 2022
Furthermore, authorities found hundreds of luxury handbags, watches, and millions of dollars in cash during raids on properties linked to the politician’s family. In a December 2017 speech, then-United States Attorney General Jeff Sessions described the scandal as “kleptocracy at its worst.”
Najib, who became the first former Malaysian PM to be imprisoned, read a 20-page statement expressing regret at the proceedings prior to the panel’s announcement of its decision. “As an accused and appellant at the final stage of a case, it is the worst feeling to have, to realise that the might of the judicial machinery is pinned against me in the most unfair manner,” he said.
Meanwhile, the court’s decision was hailed by opposition leader Anwar Ibrahim, who said, “This decision proves that the people are in power. The people made a decision in 2018 to ensure an independent judiciary and a country free from corruption.”
The group, initially gathered near the Puncak Prima Condominium, are marching towards the Istana. pic.twitter.com/kfaHfZBTat
— TheVibes.com (@thevibesnews) August 24, 2022
In a similar vein, former PM Muhyiddin Yassin said the verdict showed that the country’s “judiciary system is independent and could ensure justice.”
Similarly, Anthony Loke Siew Fook, the secretary-general of the opposition Democratic Action Party, added that the ruling marked “a new chapter for the nation to move forward and declare to the world that Malaysians reject corruption and kleptocrats.”
Najib, however, has insisted that the “might of judiciary” was “pinned against (him) in the most unfair manner.” In total, he faces 42 charges in five separate trials linked to 1MDB.
Meanwhile, his wife, Rosmah Mansor, faces a separate money laundering and tax evasion investigation. She is also implicated in a corruption scandal related to a solar hybrid project, on which the High Court will deliver a verdict next month.