Najib Abdul Razak’s defence counsel, Shafee Abdullah, has argued that the former prime minister never interfered in any 1MDB-related investigations as a mitigating factor to his guilty verdict for 25 charges linked to the scandal.
Addressing High Court judge Collin Lawrence Sequerah, Shafee claimed that Najib had also given his full cooperation to authorities investigating the 1MDB scandal, even when he was still in power.
“...what is important, Yang Arif, unlike other previous leaders in Malaysia, who have interfered with investigations pertaining to themselves, the accused herein, no allegation (that he) has interfered in the investigation,” he said.
Shafee said this as a part of his list of mitigating factors to seek reduced sentences for the convictions.
This is despite Sequerah clearly mentioning Najib’s action of removing officials heading investigations into 1MDB when he was the prime minister.
“The evidence also showed that the accused took the following action (by) dispensing the special task force in July 2015, which had been investigating on 1MDB and deposits into the accused’s personal account (as well as) the abrupt removal of the then attorney-general Abdul Gani Patail who had been leading the task force (and the) removal of then MACC chief commissioner Abu Kassim, just as the MACC was intensifying investigations (into 1MDB),” the judge earlier said in his ruling.
‘No fair trial in SRC’
Further, Shafee cited the Pardons Board’s decision to slash Najib’s jail sentence and fine in the SRC International case, which he claimed was proof that the politician never received a fair trial and was subjected to “a great deal of oppression”.
“The only ground provided (in Najib’s pardon petition), the sole ground provided was that Najib was not provided with a fair trial right up to the last appellate stage at the Federal Court.
“In fact, we highlighted he never had any hearing at the Federal Court.
“So, the point that we want to underline is this, that (his) term of imprisonment was reduced to six years and (his) fine to RM50 million.
“The reason provided, when the (former) Yang di-Pertuan Agong accepted it, the king took cognisance of one reason provided, that Najib never received a fair trial in SRC (case).
“Why is that relevant? I don’t want the prosecution to say he has been convicted before, that this is his second offence,” Shafee told the court presided by judge Collin Lawrence Sequerah.
‘Najib bearing disproportionate responsibility’
The lawyer also cited his lengthy record of services to the country and health issues as factors that the Kuala Lumpur High Court should consider when deciding punishment against the former prime minister.
The lawyer further argued that Najib was allegedly made to bear a disproportionate burden for collective decisions, while others “have yet to face equivalent accountability”.
Shafee cited several names, including fugitive businessperson Low Taek Jho, or Jho Low, and 1MDB case witnesses such as Shahrol Azral Ibrahim Halmi, Hazem Abdul Rahman, Azmi Tahir, Jasmine Loo and Amhari Effendi Nazaruddin.
He also claimed that there was not much effort on the authorities’ part to bring Low back to face the law.
On the money embezzled from 1MDB, Shafee argued that most (about US$620 million or RM2.4 billion) had been returned and Najib had never taken any for his personal use.
“He merely used RM300 million of that money for purposes of the election, welfare, and CSR (corporate social responsibility).”
Deteriorating health
On Najib’s age and health issues, Shafee raised that the former Pekan MP had been suffering from a series of health problems, including bleeding ulcer and severe hypertension, among others.
He said Najib also had acute inflammation on both of his knees and had required medical leave following eye surgery.
The mitigation session lasted over an hour. The prosecution is now presenting its argument.
The judge is expected to decide and announce Najib’s sentence later.
Earlier today, Sequerah announced the court’s verdict on the 1MDB trial, which found Najib guilty on all four counts of abuse of power and 21 money laundering charges. - Mkini
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