Malaysia’s top court upholds jail sentence of former PM Najib Razak in 1MDB graft case

Former Malaysian Prime Minister Najib Razak walks out from the Federal Court during a court break, in Putrajaya, Malaysia.

Malaysia’s top court ordered former prime minister Najib Razak to begin a 12-year prison sentence on Tuesday after upholding a guilty conviction on charges related to a multi-billion dollar graft scandal at state fund 1Malaysia Development Berhad (1MDB).

The court’s decision caps the stunning downfall of Najib, who until four years ago governed Malaysia with an iron grip and suppressed local investigations of the 1MDB scandal that has implicated financial institutions and high-ranking officials worldwide.

Knocking back Najib’s final appeal, the country’s top court also denied his request for a stay of sentence.

“The defence is so inherently inconsistent and incredible that it has not raised reasonable doubt on the case… We also find that the sentence imposed is not manifestly excessive,” Chief Justice Tengku Maimun Tuan Mat said.

The panel of judges had unanimously dismissed Najib’s appeals, she said.

“This is unprecedented. Najib will be remembered for his many firsts, the first prime minister to lose a general election, the first to be convicted,” said Adib Zalkapli, Director BowerGroupAsia.

The British-educated son of Malay nobility held the premiership from 2009 to 2018, when public anger over the graft scandal brought election defeat, and dozens of corruption charges were lodged in following months.

Najib, 69, was found guilty by a lower court in July 2020 of criminal breach of trust, abuse of power, and money laundering for illegally receiving about $10 million from SRC International, a former unit of 1MDB. He had been out on bail and pending appeals.

The former premier, who pleaded not guilty, was sentenced to 12 years’ jail and a 210 million ringgit (an equivalent of $46.84 million) fine.

Najib, wearing a dark suit and tie, sat in the dock as the verdict upholding the lower court’s decision was read out. His wife, Rosmah Mansor, and three children were seated behind him.

Security officials gathered around the bespectacled former premier after the chief justice finished reading out the verdict.

He was later seen leaving the court premises in a black car with police escort, though his destination remained unclear.

The court had earlier rejected a last gasp effort by Najib to forestall the final verdict by requesting the removal of the chief justice from the panel.

Addressing the court moments before the final verdict was delivered, Najib said he was the victim of an injustice, while requesting for another two months for his new lawyers to prepare for his appeal.

“It’s the worst feeling to have to realise that the might of the judiciary is pinned against me in the most unfair manner,” Najib told the court.

Prosecutors have said some $4.5 billion was stolen from 1MDB – co-founded by Najib during his first year as prime minister in 2009. Investigators say they had traced more than $1 billion of 1MDB money to accounts linked to Najib.

Various recipients of the siphoned funds, including a fugitive financier named Jho Low, used the money to buy luxury assets and real estate, a Picasso painting, a private jet, a superyacht, hotels, jewellery, and to finance the 2013 Hollywood film “The Wolf of Wall Street”, U.S. lawsuits have said.

The wide-ranging scandal prompted the U.S. Department of Justice to open what became its biggest kleptocracy investigation.

Najib, who faces several more trials over the allegations, has consistently denied wrongdoing.

He could apply for a review of the Federal Court decision, though such applications are rarely successful. He can also seek a pardon from Malaysia’s king. If successful, he could be released without serving the full 12-year term.

But the conviction means Najib will lose his parliamentary seat and cannot contest elections.

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