Ex-Malaysian PM Najib will have to mount defence in 1MDB corruption case

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Former Malaysian PM Najib Razak is escorted by prison guards as he arrives at the Kuala Lumpur court complex for his 1MDB corruption case in Kuala Lumpur, on Oct 30.

Former Malaysian prime minister Najib Razak arriving at the Kuala Lumpur court complex for his 1MDB corruption case in Kuala Lumpur on Oct 30.

PHOTO: REUTERS

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Malaysia’s jailed former prime minister Najib Razak will have to

mount a defence against charges related to receiving gratifications

from 1Malaysia Development Berhad (1MDB) that were deposited into his bank accounts, as well as money laundering charges.

On Oct 30, Justice Collin Lawrence Sequerah at the Kuala Lumpur High Court ordered Najib to answer the charges on the grounds that the former prime minister was neither misled nor prejudiced concerning the charges against him.

“I find the charges fulfil all the legal criteria under the Criminal Procedure Code,” said Justice Sequerah, noting that the charges against Najib were valid.

In response, Najib’s lead counsel, Mr Muhammad Shafee Abdullah, said his client does not have anything to hide and will give evidence from the stand.

He also conveyed that his client, who was present in court, was “extremely disappointed” with the court’s decision.

Najib, 71, faces four counts of abusing his position to receive illicit funds of RM2.28 billion (S$690 million) from the coffers of state-owned fund 1MDB and 21 counts of money laundering involving the same monies.

His trial is set to begin on Dec 2.

Mr Halmie Azrie Abdul Halim, a senior analyst at political risk consultancy Vriens & Partners, said the court’s decision would mean another prolonged trial, which could take several years.

This also likely signals a conclusion to Najib’s political career, given his age and tarnished reputation, he told The Straits Times.

Najib, a former Umno president, stepped down from his position after the political party suffered its first-ever defeat in the 2018 General Election.

Following the 2022 General Election, the Umno-led Barisan Nasional alliance joined Prime Minister Anwar Ibrahim’s unity government, which also consists of Pakatan Harapan and parties from Sabah and Sarawak.

Mr Halmie said: “With the court’s decision, it will put Umno at a crossroads as they now have to decide either to stick with Najib until the end or to cut losses and abandon him.”

Analysts say the High Court ruling will renew public confidence in the judiciary’s commitment to ensuring that everyone, including former national leaders, is subject to the same laws, regardless of rank or status, and can be held accountable if there is substantial evidence of wrongdoing.

Universiti Malaya sociopolitical analyst Awang Azman Awang Pawi said: “By bringing a prominent figure to court, Malaysia demonstrates a commitment to transparency, accountability and integrity in governance. It exemplifies the effectiveness of checks and balances, which are essential to a healthy democracy.”

But it remains to be seen whether Najib’s supporters in Umno will use his legal setbacks to threaten the political party’s commitment in Datuk Seri Anwar’s unity government.

Mr Amir Fareed Rahim, KRA Group’s director of strategy, said: “Some quarters in Umno might pressure the top leadership to use Najib’s freedom to determine whether Umno should continue working with Mr Anwar’s Pakatan Harapan coalition in the next general election.”

Malaysia’s next general election is due in early 2028.

Najib’s abuse of power offences were allegedly committed at an AmIslamic Bank branch in Jalan Raja Chulan, Bukit Ceylon, between Feb 24, 2011, and Dec 19, 2014. The money laundering offences were allegedly committed at the same location between March 22 and Aug 30, 2013.

On Oct 24, Najib publicly apologised to all Malaysians

in a statement read by his son, Datuk Mohd Nizar Najib, over the 1MDB scandal, which occurred during his tenure as prime minister and finance minister.

Najib said he did not realise that money sent to his bank accounts came from 1MDB funds.

“I am still in deep shock, knowing now the extent of the wretched and unconscionable shenanigans and illegal things that happened in 1MDB. I deeply regret what has taken place,” he said in the letter read out by his son.

On Oct 25, Mr Anwar “welcomed” the apology after being quizzed by reporters.

On Oct 30, more than 100 supporters of Najib gathered outside the High Court in Kuala Lumpur, calling for justice. Some were heard chanting “bebas bossku” – “free my boss” in Malay – referring to Najib.

Umno president Zahid Hamidi said the High Court’s order does not confirm Najib’s guilt, but instead gives him the opportunity to prove his innocence.

“On behalf of Umno and Barisan Nasional, and also as a friend, we are confident that Najib is on the right side. We will continue to provide support to ensure that he receives justice,” Datuk Seri Zahid said in a Facebook post.

The High Court has fixed a total of 97 days for Najib’s defence case, with dates scheduled from December 2024 to November 2025. The decision of the High Court will be made after the trial is finished.

Najib, who has served 24 months in prison, had

originally been serving a 12-year jail sentence since August 2022

for an earlier graft conviction involving RM42 million tied to a 1MDB subsidiary, SRC International.

But in January, a Pardons Board chaired by the outgoing king decided to halve Najib’s jail term, which allows him to be freed from prison on Aug 23, 2028.

In 2023, Najib was acquitted by the Kuala Lumpur High Court

on charges of abusing his power by tampering with an audit on the scandal-ridden sovereign wealth fund in 2016.

He faces two other ongoing criminal cases. He is accused of laundering RM27 million belonging to SRC International, and committing breach of trust involving RM6.6 billion in government funds paid to Abu Dhabi’s government-owned International Petroleum Investment Company.

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