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Tuesday, July 28, 2020

LIVE | Prosecution argues stay of execution not allowed for fines

Malaysiakini

LIVE | The Kuala Lumpur High Court delivers its verdict on the criminal trial of former prime minister Najib Abdul Razak involving the alleged abuse of power and money laundering of 1MDB funds.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
  • Prosecution argues stay of execution not allowed for fines
  • Defence counsel says client unable to pay hefty fine
  • It's 12 years jail, RM210m fine for Najib
  • Police arrest youth for trying to climb gate of court complex
  • Najib recites 'sumpah laknat' again, denies knowledge of RM42m
  • Prosecution seeks RM420m fine, imprisonment
  • Prosecution wants sentence for 'worst case imaginable'
  • Najib guilty of all seven charges

Prosecution argues stay of execution not allowed for fines
7.00pm - Lead prosecutor Sithambaram is objecting to the defence's application for a stay of execution on the RM210 million fine.
This is because previous rulings had made it such that a stay can only be allowed under "very special circumstances" and the threshold for this has not been met.

He argues that the court can either decide that the fine is to be paid all at once or in instalments.

Defence counsel says client unable to pay hefty fine
6.45pm - Defence counsel Harvinderjit Singh submits that Najib is unable to pay the fine as he had already been ordered by the court to pay RM1.69 billion to the Inland Revenue Board.
"Essentially, your lordship's ruling on five years jail term on default of the fine will come in effect straight away if the fine is not paid," he says.
He points out that Section 311 of the Criminal Procedure Code allows for a stay of execution pending appeal, which will definitely follow.

It's 12 years jail, RM210m fine for Najib
6.30pm - Justice Mohd Nazlan Mohd Ghazali sentences Najib Abdul Razak to 12 years jail and fines him RM210 million for abuse of power.
As for the three money laundering and three criminal breaches of trust charges, each charge carries a 10-year jail sentence.
All the jail sentences are to run concurrently. There is no fine for the money laundering charges.

Police arrest youth for trying to climb gate of court complex
6.25pm - A male youth in his 20s was arrested by police at the main entrance of the Kuala Lumpur Courts Complex.
While there has yet to be an official statement from the police, it is learned that the man who was clad in a pink collared t-shirt was detained when he tried to climb the complex's gate.
It has yet to be established if the man was a supporter of former prime minister Najib Abdul Razak.
The suspect was kept inside the court's security post for about 10 minutes before a police patrol car came and took him away.

Najib recites 'sumpah laknat' again, denies knowledge of RM42m
5.30pm - After the defence and prosecution completed their submissions for mitigation, Najib addresses the court.
He begins with summarising his economic achievements during his tenure as prime minister.
"I ensured a fairer and gentler society. I was responsible for abolishing the ISA (Internal Security Act), which I was never given enough credit for. I wanted to ensure the country would not (be subjected to) abuse of power.
"In this regard, I put (forward) a proposal to implement a more transparent system for political donations. That proposal, unfortunately, requires bipartisan support, but the opposition at the time did not agree and the proposal did not see the light of day," he says.
He ends his brief statement by reciting a "sumpah laknat" before declaring that he did not solicit RM42 million.
"I did not plan (the receipt of) RM42 million nor was RM42 million offered. There was no evidence or witnesses to state so.
"I had no knowledge of the RM42 million. Wallahu, Wabillahi, Watallahi," he adds.

Prosecution seeks RM420m fine, imprisonment
5.25pm - The prosecution is requesting a RM210 million fine for the abuse of power offence, approximately five times the amount involved in the crime, and mandatory jail term.
As for the crime of criminal breach of trust, the prosecution is seeking a jail term of between two and 20 years as well as a fine, at the discretion of the court.
For the money laundering charge, the prosecution is seeking a jail term of not more than 15 years and a RM210 million fine, approximately five times the amount involved in the crime.

Prosecutor tips hat at the press for exposing scandal
4.50pm - Lead prosecutor Sithambaram submits during the mitigation hearing that if not for the press, the crime for which Najib has been convicted of may not have been detected.
He argues that there was complex layering in how the RM42 million was transferred into the accused's bank accounts.
"The (money laundering) offence is made possible only by the accused's role and position as prime minister and finance minister.
"If not for the exposure of the crimes by the press, this crime may have never been detected," he says. - Mkini

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