Malaysia's former premier Najib Razak on Tuesday (Aug 23) failed in his final appeal against a graft conviction, and has been sent to prison to serve 12 years for misappropriating millions of dollars from a company linked to 1Malaysia Development Berhad (1MDB).

Malaysia's highest court, the Federal Court, upheld Najib's conviction on seven counts of abuse of power, money laundering and criminal breach of trust involving SRC International, a company that was a subsidiary of state fund 1MDB.

He was taken to Kajang Prison, south of the capital Kuala Lumpur, in a police four-wheel drive, escorted by other police vehicles.

The Federal Court's verdict followed one by the High Court that in July 2020, found Najib guilty of receiving about RM42 million (S$13 million) from SRC International in his personal bank account.

The High Court sentence was upheld by a three-member Court of Appeal in December last year. But Najib, 69, was allowed to post bail and live freely, pending his appeal, allowing him to make a political comeback and play an influential role in his party Umno.  

The five-member Federal Court bench led by the Chief Justice, Tengku Maimun Tuan Mat, ruled against Najib on Tuesday, after a week in which his defence team - which saw a revolving door of lawyers - refused to make any written or oral submissions in defence of their client.

Tengku Maimun said the defence was inconsistent and had failed to raise a reasonable doubt.

"These appeals are therefore unanimously dismissed and the conviction and sentence are affirmed," she said before adjourning the proceedings.

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.

Earlier on Tuesday, Najib failed in a last-minute bid to recuse the Chief Justice from chairing the panel hearing the appeal, citing a Facebook post made by her husband Zamani Ibrahim in 2018, in which he criticised Najib's leadership.

Najib's team, citing lack of preparation, resorted to seeking several adjournments and making applications outside of the main appeal in order to delay the court hearing since it began last week.

Najib had seen lawyers from five firms represent him throughout the hearing that convened for five days - with him discharging one of them after just three days of proceedings.

Before the bench delivered its decision, Najib addressed the court and claimed that he had not been given a fair trial.

“As an accused and appellant at the final stage of a case, it is the worst feeling to have, to realise that the might of the judicial machinery is pinned against me in the most unfair manner,” he said.

Najib cited the court’s rejection to give time for his new lawyers to prepare his appeal.

His lawyers had asked for the court to adjourn for three to four months to allow them to prepare, with Najib on Tuesday reducing this period to two months.

“The upshot of what I am asking is a mere two months' postponement adjournment of the hearing of the appeal as opposed to my life and liberty being shortened by 12 years of imprisonment, not to mention the astronomical sum of the fine,” he said in a 20-page statement.

The court did not budge. Najib was seated in the dock when the decision was read out.

His wife Rosmah Mansor, who also faces graft charges in an unrelated case, and his three children were seated behind him.

The case is one of Najib's first five trials. He faces other charges involving funds of 1MDB as well as allegations of audit tampering. He has pleaded not guilty to all charges.

Najib was later taken into police custody, with the panel of judges rejecting an attempt by his lawyers to stay or mitigate the sentence.

Najib’s jail sentence rules him out as a candidate for Malaysia’s next general elections, which is due by September 2023 but widely expected latest by the first half of next year.

He has been an MP for more than four decades since 1976. His father, the late Abdul Razak Hussein, was the country's second prime minister.

Source: The Straits Times

BDST: 1035 HRS, Aug 24, 2022