The world of former Malaysian PM comes crashing down

Najib Razak loses landmark battle, as judge
slams his ‘preposterous and ridiculous’ defence
and dispels the myth of the nation’s
untouchable elite class

A file image of then Malaysian Prime Minister Najib Razak giving speech at Lipis, Pahang, Malaysia on May 03, 2018. (msyaraafiq / shutterstock.com photo)

A file image of then Malaysian Prime Minister Najib Razak giving speech at Lipis, Pahang, Malaysia on May 03, 2018. (msyaraafiq / shutterstock.com photo)

On July 28, Malaysia recorded one of the most significant events in its short 63-year history.

At the High Court in Kuala Lumpur, Justice Mohd Nazlan Mohd Ghazali found former Prime Minister Najib Razak guilty of money-laundering, criminal breach of trust (CBT) and abuse of power, after Najib, 67, failed to provide good reason why 42 million Malaysian ringgit (US$10 million) from SRC International had ended up in his bank account.

SRC International was a subsidiary of Malaysian sovereign wealth fund 1Malaysia Development Berhad (1MDB), the latter set up by Najib and fugitive financier Low Taek Jho, better known as Jho Low, in 2009.

The prosecution proved that Najib acted as he pleased, using his position and influence to funnel taxpayers’ money into his account.

Najib Razak at the High Court in Kuala Lumpur on July 28 after he was found guilty. (YuriAbas / shutterstock.com photo)

Najib Razak at the High Court in Kuala Lumpur on July 28 after he was found guilty. (YuriAbas / shutterstock.com photo)

Najib consistently denied any wrongdoing. In the trial, he blamed senior managers for duping him, that he was too busy conducting affairs of state to know in detail what was going on right under his nose and that the 42 million Malaysian ringgit was a part of a gift from Saudi royalty.

In passing judgment, Nazlan noted that he found

Najib’s “preposterous and ridiculous” defence had not in any way provided doubt as to the charges levelled against him.
Policewomen keeping watch as Indian Christians demonstrate outside the Sacred Heart Cathedral following attacks on churches in New Delhi on Feb. 5, 2015

Najib Razak at the High Court in Kuala Lumpur on July 28. (Razak Ghazali / shutterstock.com photo)

Najib Razak at the High Court in Kuala Lumpur on July 28. (Razak Ghazali / shutterstock.com photo)

Nazlan sentenced Najib to 12 years in prison and a whopping 210 million Malaysian ringgit fine for abuse of power, while also jailing the veteran politician for 10 years apiece on the remaining six charges — three for money-laundering and three for CBT. All sentences to run concurrently.

As is customary in Malaysia, there was an extra five-year sentence in lieu of failure to pay fines.

In mitigation, Najib claimed he was the victim of a political conspiracy, and lodged appeals against judgment and sentence.

Aside from the guilty verdict, the trial exposed a continuing near delusion on Najib’s part that he was untouchable.

He presented an almost laughable defence coupled with open mockery of the judicial process — he frequently obtained adjournments for trivial reasons, needed a cushion to protect his sensitive derriere from the hard wood of the bench and took selfies of himself in the dock during the trial — and then seemed genuinely crushed when the full weight of the law came crashing down upon him.

Former Malaysian prime minister Najib Razak

Former Malaysian prime minister Najib Razak arrives at the Kuala Lumpur Court Complex for another day for the trial involving the 1MDB scandal, Sept. 19, 2019. (Afif Abd. Halim / shutterstock.com photo)

Former Malaysian prime minister Najib Razak arrives at the Kuala Lumpur Court Complex for another day for the trial involving the 1MDB scandal, Sept. 19, 2019. (Afif Abd. Halim / shutterstock.com photo)

The trial is the first of five confrontations Najib will face with the Malaysian judiciary in connection with the 1MDB scandal.

He and Low (who is still at large) are accused of looting in excess of US$3.5 billion from the fund to finance their respectively extravagant lifestyles, enrich cronies and wield political influence.

So, despite the conviction, there is certainly more courtroom drama to follow.

Even so, this case alone is significant for its impact on the political elite, the criminal justice system and the people as a whole.

Former Prime Minister of Malaysia, Najib Razak at the Kuala Lumpur High Court on Sept. 3, 2019. (shutterstock.com photo)
Former Malaysian Prime Minister Najib Razak

Former Malaysian Prime Minister Najib Razak waves as he leaves the Kuala Lumpur Court Complex Nov. 12, 2018. (Adam Yusof / shutterstock.com photo)

Najib Razak and his wife Rosmah Mansor

A file image of Najib Razak and his wife Rosmah Mansor taken on Feb. 22, 2011 in Kuala Lumpur, Malaysia. (ymphotos / shutterstock.com photo)

Former Malaysian Prime Minister Najib Razak

Former Malaysian Prime Minister Najib Razak waves as he leaves the Kuala Lumpur Court Complex Nov. 12, 2018. (Adam Yusof / shutterstock.com photo)

Najib Razak and his wife Rosmah Mansor

A file image of Najib Razak and his wife Rosmah Mansor taken on Feb. 22, 2011 in Kuala Lumpur, Malaysia. (ymphotos / shutterstock.com photo)

Najib was born into that political elite clique of Malay society — the son of former prime minister Abdul Razak — which already had an established reputation for being untouchable.

He inherited his father’s Pekan constituency in 1976 and steadily rose through the ranks of Malay nationalist party, Umno, to become prime minister from 2009 to 2018.

Yet, his Barisan Nasional coalition, spearheaded by Umno, lost the general election for the first time in Malaysian history two years ago, primarily due to the 1MDB scandal spiralling out of control.

Najib had managed to manoeuvre his way around previous controversies, not least allegations he and wife Rosmah Mansor were implicated in the murder of an aide’s mistress, giving credence to the widely held belief that elite Malays, especially those in Najib’s faction, were above prosecution.

By extension, it was an open secret people clamoured for Najib and Rosmah’s favour to enrich themselves and become part of this exclusive club.

Rosmah Mansor, wife of former Malaysia Prime Minister Najib Razak, leaves the High Court in Kuala Lumpur, Malaysia, April 10, 2019. (Lens Hitam / shutterstock.com photo)

Rosmah Mansor, wife of former Malaysia Prime Minister Najib Razak, leaves the High Court in Kuala Lumpur, Malaysia, April 10, 2019. (Lens Hitam / shutterstock.com photo)

Yet, Najib’s conviction last week goes some way to dispelling that notion and restoring some semblance of credibility to Malaysia’s battered criminal justice system, which has repeatedly been accused of succumbing to undue political and financial influence.

While separation of judiciary and state is a pillar of democratic society, in Malaysia the inner workings of the legal system are at best opaque.

Senior legal appointments to the bench and the Attorney-General’s Chambers (AGC) are political, affording the prime minister the opportunity to direct the course of investigations and trials involving prominent people, made much more straightforward because Malaysia does not use a jury system.

A case in point: In 2015, then attorney-general Abdul Ghani Patail tried to investigate Najib’s involvement in 1MDB and was swiftly fired. His successor and Najib loyalist, Mohamed Apandi Ali, then announced there was no case to answer.

Meanwhile, what little confidence the public has in the judicial system is not helped by the well-founded belief that the poor are punished severely, while the rich receive a slap on the wrist at worst.

For instance, during the recent lockdown, a single mother was jailed for 30 days in April for going to the shop to buy a drink for her children in breach of movement restrictions.

Umno President Ahmad Zahid Hamidi

Umno President Ahmad Zahid Hamidi addresses a press conference on July 24, 2019. (zahimmohd / shutterstock.com photo)

Umno President Ahmad Zahid Hamidi addresses a press conference on July 24, 2019. (zahimmohd / shutterstock.com photo)

Meanwhile, Nurul Hidayah Ahmad Zahid — daughter of Umno president Ahmad Zahid Hamidi — was fined just 800 Malaysian ringgit for routinely flouting the lockdown to drum up business with government departments and then posting pictures of her trips on her social media account.

Even after a public outcry prompted a swift change of mind from judges, the mother complained that her reduced punishment of a 1,000 Malaysian ringgit fine was still more than that of an unrepentant Nurul Hidayah.

There was then a groundswell of public disquiet in May when Najib’s stepson Reza Aziz — also facing trial for laundering 1MDB funds — cut a deal with prosecutors to pay back US$108 million of US$248 million he was supposed to have received in return for them dropping the case.

Riza Aziz (center) escorted by his lawyer after he was charged by a session court in Kuala Lumpur

Najib’s stepson Riza Aziz (center) escorted by his lawyer after he was charged by a session court in Kuala Lumpur on July 5, 2019. (Seth Akmal / shutterstock.com photo)

Najib’s stepson Riza Aziz (center) escorted by his lawyer after he was charged by a session court in Kuala Lumpur on July 5, 2019. (Seth Akmal / shutterstock.com photo)

Moreover, a short time later, the AGC suddenly dropped all 46 corruption charges against former Sabah chief minister Musa Aman, also a close Najib ally, accused of receiving US$100 million in ill-gotten gains and whom had fled the country to avoid prosecution after the change in government in 2018.

Musa is now behind a government attempt to regain control of the Sabah legislative, currently in Opposition hands.

There have already been widespread accusations that he is buying support, enticing lawmakers to jump ship and reigniting the debate that Sabah is governed by money politics.

Former Sabah chief minister Musa Aman in Kuala Lumpur

Former Sabah chief minister Musa Aman in Kuala Lumpur, Malaysia on July 20, 2018. (msyaraafiq / shutterstock.com photo)

Former Sabah chief minister Musa Aman in Kuala Lumpur, Malaysia on July 20, 2018. (msyaraafiq / shutterstock.com photo)

Former Malaysian prime minister Najib Razak at the Kuala Lumpur Court Complex for a day at trial on May 7, 2019. (Afif Abd. Halim / shutterstock.com photo)
Malaysian Prime Minister Najib Razak during a 1MDB and One Malaysian people's aid scheme (BR1M) related event

A file image of then Malaysian Prime Minister Najib Razak during a 1MDB and One Malaysian people's aid scheme (BR1M) related event in Pekan, Pahang on March 11, 2012. (Ibnu Alias / shutterstock.com photo)

A file image of then Malaysian Prime Minister Najib Razak during a 1MDB and One Malaysian people's aid scheme (BR1M) related event in Pekan, Pahang on March 11, 2012. (Ibnu Alias / shutterstock.com photo)

Nevertheless, in sentencing Najib, Nazlan sent a message to the public that he at least was ensuring the rule of law.

Critics complained that Nazlan let Najib off too easily by not enforcing the maximum applicable sentence of 20 years. However, given Najib’s age, 12 years is certainly no token slap on the wrist, nor is the fine.

It should also be noted that the courts ruled against Najib in another case, barely a week prior to his sentencing, ordering him to pay 1.69 billion Malaysian ringgit in undeclared income tax — a key indicator of the staggering wealth he is believed to have accumulated over his years in power.

Meanwhile, Najib’s claim of political conspiracy is just hot air for his dwindling group of supporters.

Former Malaysia Prime Minister Najib Razak leaving a Kuala Lumpur court

Former Malaysia Prime Minister Najib Razak leaving a Kuala Lumpur court April 16, 2019. (S.O / shutterstock.com photo)

Former Malaysia Prime Minister Najib Razak leaving a Kuala Lumpur court April 16, 2019. (S.O / shutterstock.com photo)

Najib’s Pekan constituency is an Umno safe seat regardless of his presence, so the smart political play would be to sit back and allow justice to take its course, then install a loyal party man as Najib’s replacement, thus eliminating a rival from the equation.

Meanwhile, there are still four more trials to go. If anything, Nazlan’s judgment will provide more steel to the resolve of those prosecuting and for judges to follow suit, regardless of political attempts to interfere.

It will also let the public know that the elites have lost their untouchable status.


Gareth Corsi is a freelance journalist based in Malaysia. The views expressed in this article are the opinions of the author and do not necessarily reflect the editorial stance of LiCAS.news.

Published August 4, 2020

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The then Malaysian Prime Minister Najib Razak during the launch of his “Manifesto for General Election”

The then Malaysian Prime Minister Najib Razak during the launch of his “Manifesto for General Election” at Axiata Arena in Kuala Lumpur, Malaysia, April 8, 2018. (Hafiz Johari / shutterstock.com photo)

The then Malaysian Prime Minister Najib Razak during the launch of his “Manifesto for General Election” at Axiata Arena in Kuala Lumpur, Malaysia, April 8, 2018. (Hafiz Johari / shutterstock.com photo)