Ex-PM may end up serving eight of 12 years in prison: Lawyers

PETALING JAYA • Malaysia's disgraced former prime minister Najib Razak may serve a much shorter period in prison than the 12-year jail sentence he received, even if he does not get a pardon soon, legal experts say.

The veteran politician's time in jail could be reduced by as much as four years for "good behaviour", they said.

Najib, 69, has so far spent two nights in jail, after Malaysia's apex Federal Court on Tuesday upheld a July 2020 High Court verdict that he should be imprisoned for 12 years and pay a fine of RM210 million (S$65.5 million) for his role in a case involving a former unit of state fund 1Malaysia Development Berhad (1MDB).

He returned to court yesterday for a hearing on another RM2.3 billion 1MDB embezzlement trial.

Ahead of his court appearance, his daughter Nooryana Najwa said in an Instagram story late on Wednesday night that Najib was adapting to a new routine in Kajang Prison, which was a far cry from his usually packed schedule.

"Alhamdullilah, Daddy is in good health and his fighting spirit is still strong," she wrote in the post.

Najib's wife Rosmah Mansor said yesterday: "Datuk Seri is good, Alhamdullilah (God be praised)."

She was at the Kuala Lumpur court complex to lend support to Najib. "Thank you so much for your support," she added.

As a prisoner, Najib could display good behaviour and be considered for an automatic one-third "remission", or reduction, of his jail term under the Prison Act, according to senior criminal lawyer Geethan Ram Vincent.

This means that he would have to serve only eight years out of the 12-year jail sentence.

But Najib could face additional time in jail if he fails to pay the RM210 million fine imposed on him.

The court had earlier ruled that an extra five years in jail would be added to Najib's sentence if he did not pay the fine.

Other lawyers have said that based on the principle of law, Najib can pay the fine whenever he wants within his 12-year prison term.

But if he qualifies for a one-third reduction in his jail term due to good behaviour, he would have to complete paying the fine before he ends his time in prison, former Malaysian Bar president Salim Bashir Bhaskaran told the Malay Mail online news.

Another lawyer, Mr Ramesh NP Chandran, said prisoners can also apply for parole, although this is not common in Malaysia.

"The Prisons Department will submit your application to the Parole Board Secretariat (under the Home Ministry), but you will have to show exceptional good behaviour, prove that you are not a threat to society or danger to anyone, or (that there are) medical reasons," he said.

According to the Home Ministry's website, Malaysia's parole system was introduced in 2008, based on the Australian system to reduce overcrowding in prisons and high maintenance cost.

Former premier Mahathir Mohamad said yesterday that Najib was likely to receive a royal pardon.

"For Najib, it is highly likely that he will be pardoned after being imprisoned," the 97-year-old Tun Dr Mahathir said in a statement.

THE STAR/ASIA NEWS NETWORK, REUTERS