Malaysia’s supreme court refuses to review 2022 decision to uphold Prime Minister Najib Razak’s graft conviction

Malaysia’s high court declined on Friday to review its 2022 decision to uphold former Prime Minister Najib Razak’s conviction on bribery charges and a 12-year prison sentence, saying he was “the author of his own misfortune”.

A five-member federal court unanimously rejected his final appeal in August in a case related to the looting of state-owned investment fund 1Malaysia Development Berhad, sending Najib straight to jail to begin serving his sentence. But Najib has called for a review to overturn the decision, saying he has been denied due process.

A new federal court panel rejected Najib’s claim in a majority ruling. This has effectively closed the lid on the case, meaning that Najib will have to serve the length of his sentence. Had he won a review, he could have been released on bail pending a new appeal hearing.

Najib was unmoved when the sentence was read.

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Four out of five judges said they found “no failure of justice”. They rejected defense arguments that there was a conflict of interest on the part of the judge who sentenced him, Najib did not have sufficient time for his new lawyer to prepare for the case and he was not allowed to cite new evidence. The judges said the previous federal court panel had applied the laws correctly.

“In this matter, we are respectfully compelled to say that the plaintiff is the author of his own misfortune,” said Justice Vernon Ong.

Justice Abdul Rahman Sebli disagreed, saying there must be trust in the administration of justice. He spent more than an hour explaining why he saw a mistrial in handling the latest appeal last year.

Subsequently, Chief Prosecutor V. Sithambaram told reporters that Friday’s decision was “a claim that the charges are legally mounted and not politically motivated.”

Former Malaysian Prime Minister Najib Razak gets into a car after his court appearance in Kuala Lumpur, Malaysia April 3, 2019. On March 31, 2023, Malaysia's High Court refused to review his decision to uphold Razak's graft conviction.

Former Malaysian Prime Minister Najib Razak gets into a car after his court appearance in Kuala Lumpur, Malaysia April 3, 2019. On March 31, 2023, Malaysia’s High Court refused to review his decision to uphold Razak’s graft conviction. (AP Photo/Vincent Thian, Files)

“This indictment has proved that no man in this land is above the law,” he said, adding that it should send a “chilling message” that the law will reach all lawbreakers.

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But defense attorney Muhammad Shafee Abdullah said it was “not the end of the matter yet.”

While the defense team was extremely disappointed, Shafee said, the strong dissenting judgment opened up the possibility of a new review. He noted that Abdul Rahman even suggested an acquittal instead of a retrial on the grounds that Najib was not given a fair trial. Shafee declined to give further details of Najib’s next move.

While further review of the case is possible, Sithambaram said it was unlikely.

The British-educated Najib was born into Malaysia’s political elite. His father was the second prime minister of the country, and his uncle was the third.

He became prime minister in 2009 as a reformer, but his tenure was marred by the 1MDB scandal that sparked investigations in the US and several other countries and caused his government to fall in the 2018 general election.

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Investigators say at least $4.5 billion was stolen from the 1MDB fund, set up shortly after Najib took over and laundered by Najib’s associates. Najib was found guilty in 2020 of seven bribery charges for illegally receiving $9.4 million from SRC International, a former unit of 1MDB.

Najib was the country’s first former leader to be imprisoned. He still faces dozens of charges in separate 1MDB-related trials. His wife, Rosmah Mansor, was also sentenced to 10 years in prison in a separate corruption case and is out on bail pending an appeal.

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