Najib gets 15 years' jail, RM11.38b fine for 1MDB

The High Court has sentenced former prime minister Najib Abdul Razak to 15 years’ imprisonment for each of his four abuse of power charges in the 1MDB case, and five years each for the 21 charges of money laundering.

Presiding judge Collin Lawrence Sequerah, in announcing the sentences, however, ordered that the jail terms run concurrently, meaning Najib would only have to serve 15 years’ imprisonment for the 25 offences committed.

The jail term would only begin after he concludes his current imprisonment for the SRC International case.

Sequerah also ordered Najib to pay a total fine of RM11.38 billion for the four abuse of power offences. If he cannot pay the fine, he will have to serve 10 additional years in jail in default.

The judge did not impose any fine on Najib for the 21 money laundering offences, citing that it was “not mandatory”.

However, the former Pekan MP was ordered to pay another RM2.08 billion in sum recoverable under Section 55(2) of the Anti-Money Laundering and Anti-Terrorism Financing Act.

Najib can be punished with additional imprisonment of up to 30 months if he fails to pay.

With the decision, Najib would only begin his 15-year jail term for 1MDB after he completes his current imprisonment over the SRC International case.

According to the Pardons Board’s previous announcement, Najib is set to complete his prison sentence for that case on Aug 23, 2028.

Mitigating arguments

Earlier, Najib’s lead defence lawyer, Shafee Abdullah, submitted several factors for the court’s consideration to mitigate Najib’s sentences, including the former Pekan MP’s remorse and that he had always cooperated with authorities and never interfered with any 1MDB-related investigations.

“(Najib) has, at all material times, fully and voluntarily cooperated with the MACC and police, beginning as early as 2015, when he was still serving as the prime minister and finance minister.

“It was during the accused’s administration that the Public Accounts Committee (PAC) was empowered to investigate matters relating to 1MDB and its subsidiaries. 

“Notwithstanding the political sensitivity and public scrutiny surrounding these investigations, there was never any allegation or evidence of witness tampering, interference with investigations, or obstruction of justice attributable to the accused.”

This is despite Sequerah’s ruling clearly mentioning Najib’s action of removing officials heading investigations into 1MDB when he was the prime minister.

Rebutting this, the prosecution, led by DPP Ahmad Akram Gharib, submitted that the 1MDB scandal, dubbed internationally as “kleptocracy at its worst”, constitutes one of the most serious financial crimes ever perpetrated in the country. 

“The magnitude of the losses suffered, the continued financial burden borne by the government, and the severe damage inflicted upon the nation’s reputation demand a sentence that unequivocally reflects society’s condemnation of the offences committed.

“Anything less would fail to uphold public confidence in the administration of justice and would undermine the fundamental principle that no person, regardless of status or position, is above the law.”

The prosecution suggested the court impose millions in fines, which amounts to RM11.38 billion, the final amount ordered by the judge.

The fine breakdown is as follows: 

• RM303,149197.15 for the first power abuse charge

• RM454,499,636.40 for the second

• RM10,407,384,630 for the third 

• RM222, 854,603.50 for the fourth

The judge, in his verdict read out earlier today, convicted Najib of all four power abuses and 21 money laundering charges linked to RM2.3 billion in 1MDB funds after finding that he failed to raise a reasonable doubt against the prosecution’s case.

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