Former prime minister Najib Abdul Razak appears to be at a crossroads, as he does not have enough personal funds to pay the RM50 million fine required for him to return home and is reluctant to have his political party raise the money for him, said his lawyer Shafee Abdullah.

Shafee told reporters today that Najib simply could not afford the amount, as his bank accounts remain frozen in connection with his criminal cases and he had already returned a large portion of the RM2.6 billion deposited into his personal accounts in connection with 1MDB to the sender.

“He (Najib) is in a difficult position. He wants to return home, but he does not have the RM50 million (to pay the fine). That is his predicament.

“He is not asking for a fundraising drive or public contributions – he didn’t ask for it himself, (as) others initiated it.

“(But) he feels conflicted because he is supposed to pay the amount but does not have the funds,” Shafee (below) told a press conference at the Kuala Lumpur High Court today.

On Sept 18, Najib was granted a conditional pardon by Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar, allowing him to serve the remainder of his prison sentence for his SRC International conviction at home, provided he pays the RM50 million fine and complies with all conditions imposed.

Breaking down the RM2.6b

The senior defence counsel also took a swipe at potential critics who might question the whereabouts of the billions of ringgit, saying they may not have been following developments in Najib’s cases.

“If you ask ‘where are those billions?’, that is a stupid question, because the evidence clearly shows he does not have the money.

“In 1MDB’s case, there was about RM2.6 billion involved, which was equivalent to around US$681 million (at the time). In the criminal case, the prosecution’s witnesses claim they did not investigate where the money was returned to.

“(But) in the civil case, they admitted they investigated (that aspect) and that money did not come back to Najib (after he made the return). That means it went straight (to the sender),” he said.

“Subsequently, all his accounts were frozen. When he says, ‘I don’t have that RM50 million’, you cannot just smirk anymore,” Shafee added.

He further said that of the US$681 million, US$620 million had been returned, while the remainder was used for various expenditures, including political activities and public welfare.

Shafee added that Najib’s transactions involving the funds were recorded as they were made by cheque rather than in cash.

“You cannot try to be sarcastic and ask, ‘where is the money?’, because if you do that, you’re being stubborn and foolish, as you’re not listening to the facts,” he added.

The former Pekan MP is currently serving his jail sentence over seven counts of criminal breach of trust, abuse of power, and money laundering involving more than RM42 million belonging to SRC International.

He was first convicted on all seven charges by the High Court in July 2020 following a lengthy trial, and sentenced to 12 years in prison and fined RM210 million.

Najib began serving his jail term on Aug 23, 2022, after both the Court of Appeal and Federal Court dismissed his appeals and upheld his conviction.

However, on Jan 29, 2024, the Pardons Board halved his 12-year prison sentence to six years and reduced the RM210 million fine to RM50 million. The board was chaired at the time by then-Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah.

The decision brought forward Najib’s scheduled release date to Aug 23, 2028, subject to payment of the reduced fine.