Decisions by two High Court judges this week will determine whether the former prime minister will be allowed to go home, or remain in Kajang prison.
Two High Court judges are to deliver their verdicts in separate cases that will have major implications on his liberty.
In Kuala Lumpur today, Justice Alice Loke will rule whether to allow the former prime minister’s application to be allowed to serve the remainder of his six-year jail sentence at his home, following his conviction in 2022 on a corruption charge involving RM42 million in the SRC International case.
On Friday in Putrajaya, Justice Collin Lawrence Sequerah will deliver his verdict on four charges of abuse of power and 21 charges for money laundering involving a total of RM2.28 billion in the 1MDB corruption case.
The defence and the prosecution are both expected to file appeals, taking the cases to the Federal Court for final determination, say two lawyers.
Najib has been serving a six-year jail sentence in the SRC International case since August 2022. The original sentence of 12 years was halved by a pardons board.
Royal addendum
Justice Loke’s decision in the SRC International case will determine whether the court finds that a royal addendum to a pardons board order must be given effect.
If the addendum is accepted, the 72-year-old Najib could be allowed to return home – but Najib could still remain in prison should the government apply for a stay of the ruling, pending an appeal, says lawyer Kitson Foong.
“I believe the government will then apply for a stay of the ruling pending its appeal. If (the stay is) allowed, based on special circumstances, Najib will remain incarcerated,” he said.
Both parties would go up to the Federal Court for a final determination on the effect of the addendum order, he said.
The government has argued before that while the addendum exists, its legality is under scrutiny for failure to comply with the provisions under Article 42 of the Federal Constitution on pardons.
The government has produced the minutes of the Jan 29, 2024 meeting, and it was revealed that the contents of the addendum were not discussed. The members of the Federal Territories Pardons Board only gave their views to the former king, Al-Sultan Abdullah Sultan Ahmad Shah, that Najib’s 12-year jail term be halved, while the RM210 million fine be reduced to RM50 million.
Najib’s lead counsel, Shafee Abdullah, maintains that the king’s decision must be respected regardless of whether the addendum was formally issued at the meeting.
1MDB corruption case verdict
Najib’s fate also hinges on Friday’s outcome of the 1MDB corruption trial decision to be delivered by Justice Sequerah, now elevated as a Federal Court judge.
“Should the SRC International judicial review application be dismissed, and he is convicted in the 1MDB case, Najib will remain in prison, says lawyer A Srimurugan. He said he expected the trial judge to impose another hefty fine as legally required.
If the SRC International judicial review is allowed, and Najib is acquitted of all charges in the 1MDB case, Najib would continue to serve his jail term from his home, Srimurugan said.
Najib faces four charges of abuse of power and 21 charges for money laundering over funds totalling RM2.28 billion deposited into his AmBank accounts between February 2011 and December 2014.
He maintains the money came as donations from the Saudi royal family and denies wrongdoing, accusing fugitive financier Low Taek Jho, or Jho Low, of conspiring with the 1MDB management to inflict financial losses on the sovereign wealth fund without his knowledge.
The prosecution’s position is that Najib should be convicted as it has proved its case beyond a reasonable doubt, while the accused’s defence is mere denial and afterthought.
Najib was also jointly charged with ex-Treasury secretary-general Irwan Serigar Abdullah for misappropriating RM6.6 billion of public funds intended to pay International Petroleum Investment Company (Ipic). Both Najib and Irwan were granted a discharge not amounting to an acquittal (DNAA).
Srimurugan said the prosecution could revive the charges when it was ready. “However, in most cases, the trial will not proceed when the prosecution’s witnesses have gone missing or have died,” he added. - FMT
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.