PUTRAJAYA, Dec 26 — The High Court here today sentenced Datuk Seri Najib Razak to 15 years in jail and a fine of RM11.4 billion after finding him guilty on four counts of abuse of power and 21 counts of money laundering involving RM2.3 billion in funds linked to 1Malaysia Development Bhd (1MDB).
The verdict was handed down by justice Datuk Collin Lawrence Sequerah, who previously presided over the 1MDB trial in the High Court. He has since been elevated to the Federal Court.
For the four charges of abuse of power, the court sentenced Najib to 15 years’ prison on each count and a total fine of RM11.4 billion, in default 40 years in jail.
Najib was also sentenced to five years’ jail on each of the 21 money laundering charges and no fine was imposed.
The 72-year-old former prime minister will serve only 15 years in prison, as the judge ordered all jail sentences to run concurrently.
The judge also ruled that the sentence will only take effect after Najib completes his six-year prison term in the SRC International Sdn Bhd case involving the misappropriation of RM42 million, which ends on August 23, 2028.
Sequerah meted out the sentence after considering mitigating factors presented by the defence, the prosecution and the accused, as well as public interest.
“I have also considered and taken into account the antecedents of the accused, including the fact and the length of his public service and the other mitigating factors advanced in respect of the sentencing provision in Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. I find that the phrase ‘shall on conviction be liable’ is to be construed as imposing both a term of imprisonment and also the imposition of a fine,” said the judge.
Sequerah also ruled that all custodial sentences imposed on the 25 charges are to run concurrently. However, pursuant to Section 292 of the Criminal Procedure Code, the sentence will only take effect upon the completion of the term of imprisonment previously imposed on the accused in the SRC International case.
The judge also ordered Najib to pay a recoverable sum of RM2,081,476,926 under Section 55(2) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, failing which he would face a further imprisonment of 270 months.
Today’s proceedings started at 9.15am and concluded at 9pm, spanning 11 hours and 45 minutes after a full day of submissions, arguments and deliberations in court.
Najib, who was clad in a blue suit, appeared calm throughout the proceedings. His family members and supporters were also present.
Najib faced four charges of using his position to obtain RM2.3 billion in bribes from 1MDB funds through the AmIslamic Bank Bhd branch on Jalan Raja Chulan, Bukit Ceylon here between February 24, 2011, and December 19, 2014.
These charges were framed under Section 23(1) of the MACC Act 2009, punishable under Section 24(1) of the same law, which carries up to 20 years' imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher, upon conviction.
As for the 21 money laundering charges, Najib was accused of committing the offences at the same bank between March 22, 2013, and August 30, 2013.
These charges were brought under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of five years' imprisonment, a fine of up to RM5 million, or both, if convicted.
Leading the prosecution were deputy public prosecutors Datuk Ahmad Akram Gharib and Datuk Kamal Baharin Omar, supported by a team comprising Mohamad Mustaffa Kunyalam, Deepa Nair Thevarahan, Nadia Mohd Izhar, Najwa Bistamam, Hazmida Harris Lee, and Siti Aina Rodhiah Shikh Md Saud.
At the end of the proceedings, Najib’s counsel Tan Sri Muhammad Shafee Abdullah, who was disappointed in the ruling, said the defence would file an appeal against today’s ruling at the Court of Appeal on Monday.
