Najib Abdul Razak is set to begin his 12-year jail sentence today and cough up a RM210 million fine in default of another five years imprisonment.

[Read the full judgment below]

The five-person apex court bench chaired by Chief Justice Tengku Maimun Tuan Mat this afternoon unanimously dismissed the former prime minister’s appeal to quash his conviction over seven criminal charges as well as the sentencing.

The other Federal Court bench members were Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and senior judges P Nallini, Mary Lim Thiam Suan, and Mohamad Zabidin Mohd Diah.

According to a copy of the broad grounds of judgment released to the media today, Tengku Maimun noted that appellant Najib never denied that RM42 million entered into his bank accounts.

The top judge pointed out that the respondent-prosecution illustrated how the evidence was so overwhelming that at the close of the prosecution case, the trial judge was satisfied in law and in fact that all the ingredients of all the seven charges were satisfied to warrant calling for defence, and later full conviction.

“The respondent then took us through the defence case and highlighted how the defence was completely inconsistent and incoherent, and unworthy of belief. 

“During the trial, the appellant did not dispute that RM42 million entered his personal bank accounts. The thrust of his defence was to challenge the mens rea element, that is, the appellant denied knowledge that the funds were from SRC.

“The respondent maintains that the defence was unworthy of belief because, on the one hand, the defence maintained that the RM42 million said to have been wrongfully gained by the appellant to the wrongful loss to SRC was not within the knowledge of the appellant. 

“On the other hand, the appellant also maintained that he was framed in a conspiracy hatched by one (businessperson) Low Taek Jho (Jho Low), Azlin Alias (who was the late chief private secretary of Najib), Nik Faisal Ariff Kamil (the then CEO of SRC), and the bankers. 

“The appellant also maintained the defence that the monies that were credited into his personal AmIslamic bank accounts, ie Accounts 880 and 906, which are the subject of the last six charges, were received from Arab donations from Saudi Arabia. 

“The respondent contended in essence, that they had always maintained at trial that these defences are completely inconsistent and diametrically opposed to one another,” Tengku Maimun ruled.

Chief Justice Tengku Maimun Tuan Mat

She said the bench agreed that the trial judge correctly found that Najib failed to raise reasonable doubt in the prosecution’s case, and that the sentencing is not manifestly excessive.

“These appeals are therefore unanimously dismissed and the conviction and sentence are affirmed,” she said.

Abuse of power, CBT

On July 28, 2020, the High Court in Kuala Lumpur found Najib guilty of one count of abuse of power, three counts of criminal breach of trust (CBT), and three money laundering charges.

However, then trial judge Mohd Nazlan Mohd Ghazali allowed the defence’s bid to stay the execution of the sentence of 12 years in jail and RM210 million fine, pending disposal of the appeal.

Nazlan has since been elevated to the Court of Appeal.

On Dec 8 last year, the Court of Appeal upheld the lower court’s ruling and dismissed Najib’s appeal.

The appellant also used to be SRC’s adviser emeritus and chairperson of the board of advisers of sovereign wealth fund 1MDB.

Both entities are fully owned by the Minister of Finance Incorporated (MOF Inc).

Initially a subsidiary of 1MDB, SRC was later wholly-transferred to MOF Inc.

The grounds of judgment:

Decision on Najib’s application for Tengku Maimun’s recusal:

'Victory for M'sians' - verdict on Najib gets roar of approval

'Victory for M'sians' - verdict on Najib gets roar of approval

What's next for Najib?

What's next for Najib?

GUILTY: Najib begins 12-year jail term

GUILTY: Najib begins 12-year jail term

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