Judgment Day: Najib to hear outcome of RM2.3 billion 1MDB case today

PUTRAJAYA – Datuk Seri Najib Razak is set to hear the decision today on the final criminal case at the trial stage against him. 

Trial Judge Datuk Collin Lawrence Sequerah (now a Federal Court judge), who is presiding at the Palace of Justice, is expected to deliver the decision at around 9am.

Unlike the SRC International case, which saw the former prime minister convicted and currently serving a prison sentence, the RM2.3 billion 1Malaysia Development Berhad (1MDB) case carries far greater legal, political and public perception implications, given the scale of the funds involved and the number of charges faced.

From a legal standpoint, the central question today is whether Najib’s defence team, led by Tan Sri Muhammad Shafee Abdullah, has succeeded in raising reasonable doubt against the prosecution’s case.

Over the course of 303 days of trial, including 10 days of final submissions at the close of the defence case beginning Oct 21 this year, the defence focused on the narrative that the former Pekan MP had no knowledge of or criminal intent behind the transactions linked to 1MDB, while also challenging the credibility and inferences drawn by the prosecution.

However, the testimony of 76 witnesses, the lengthy trial period and the involvement of key figures from 1MDB and Bank Negara Malaysia (BNM) indicate that the prosecution’s case was built comprehensively and structurally, rather than relying on one or two pieces of key evidence.

Should the court convict Najib on all or part of the charges, the most significant question would be whether any prison sentences imposed would run concurrently or consecutively.

If the court finds that the defence has successfully raised reasonable doubt, the former Umno president could be acquitted and discharged of the charges immediately.

However, he would still remain in prison to serve his sentence for the misappropriation of RM42 million in funds belonging to SRC International Sdn Bhd, for which his original 12-year jail term was reduced to six years, and his fine lowered from RM210 million to RM50 million.

Regardless of the decision today, the high-profile case is not entirely concluded. The right to appeal at two higher courts, the Court of Appeal and the Federal Court, remains open to both parties.

Najib was charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act, may be punished under Section 24(1) of the same Act, which provides for a prison term of up to 20 years and a fine of up to five times the value of the gratification or RM10,000, whichever is higher, for each charge.

For the 21 charges under the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLATFA), Najib was charged under Section 4(1)(a) of the Act, which carries a maximum fine of RM5 million and imprisonment of up to five years, or both.