1MDB: Court finds Najib guilty on CBT charges

 

The High Court has found former prime minister Najib Abdul Razak guilty on all four counts of abuse of power and all 21 money laundering charges linked to the 1MDB scandal.

Presiding judge Collin Lawrence Sequerah, in delivering the verdict, said the court found the prosecution had proven its case against Najib beyond reasonable doubt.

“The prosecution has proven beyond a reasonable doubt its case against the accused in respect of the first charge.

“I therefore convict the accused under the first charge under Section 23 of the MACC Act,” Sequerah said, when delivering his decision on the first charge.

Section 23 of the MACC Act deals with the offence of using one’s office or position for gratification (abuse of power).

Each charge carries a jail sentence not exceeding 20 years and a fine of not less than five times the sum or value of gratification, or RM10,000, whichever is higher.

For the money laundering charges, the 21 offences for which Najib was convicted are nine counts of receiving proceeds of unlawful activity, five counts of using proceeds of unlawful activity, and seven counts of transferring proceeds of unlawful activity.

All the charges were framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act, which carries a fine not exceeding RM5 million or imprisonment of not more than five years.

‘Najib’s actions were loud and clear’

In the court’s verdict for Najib’s fourth power abuse charge, Sequerah also dismissed Najib’s claim that he was neither aware that Low had been giving instructions to 1MDB senior management members nor was it brought to his attention.

Jho Low

The judge said what Low did could only be “the work of a madman” who was so emboldened to interact with 1MDB managers because “he had the sanction and backing of the most powerful man in the country at the time”.

Sequerah said the absence of a police report by the accused against Low, denying that he had given such instructions, spoke “loud and clear” that the businessperson was not operating independently or in cahoots with the management to defraud Najib, “who at the time was the most powerful man in the country”.

Short break before mitigation, sentencing

Following the guilty verdict on all counts, Najib’s lead defence counsel, Shafee Abdullah, sought a short break before the court goes for mitigation and sentencing.

Sequerah then allowed a 30-minute adjournment, with the court expected to resume at 5.30pm.

Collin Lawrence Sequerah

Najib was accused of four counts of power abuse and 21 money laundering charges in 2018. The trial began the following year.

The former premier had allegedly used his position to obtain gratification totalling RM2.3 billion of 1MDB funds between Feb 24, 2011 and Dec 19, 2014, at the AmIslamic Bank Berhad branch on Jalan Raja Chulan in Bukit Ceylon.

For the 21 money laundering charges, he was accused of committing the offence at the same bank between March 22, 2013 and Aug 30, 2013.

His power abuse charge was framed under Section 23(1) of the MACC Act 2009, which is punishable under Section 24(1) of the same law, carrying 20 years imprisonment and a fine of either five times the amount of the bribe or RM10,000, whichever is higher.

Najib’s money laundering charges were framed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act, which provides a maximum fine of RM5 million and imprisonment of up to five years or both.

He was ordered to defend himself against the charges on Oct 30, 2024, after Collin found the prosecution had established a prima facie case against him. - Mkini