The High Court dismissed Najib Tun Razak’s application to stay his 15-year jail sentence and RM11.4 billion fine in the 1MDB case, citing no special circumstances.
KUALA LUMPUR: The High Court here today dismissed Datuk Seri Najib Tun Razak’s application for a stay of execution of his 15-year jail sentence and RM11.4 billion fine following his conviction in the 1Malaysia Development Berhad (1MDB) case.
Judge Noor Ruwena Md Nurdin ruled that the applicant had failed to satisfy the special circumstances test required to justify a stay of execution.
“I tend to agree more with the deputy public prosecutor’s submissions that the gravity of the offence is a more important public interest consideration to which this court must have regard. The applicant was no longer a first-time offender by the time he was convicted by the trial judge in the related 1MDB case,” said the judge.
On the medical issues, the judge said that the court does not agree that the medical issues raised satisfy the special circumstances test as the medical report presented to her creates the impression that the applicant’s medical needs are being very well taken care of by the government, hospitals and medical experts.
Immediately after the verdict, Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah informed the court that he will file a fresh application for a stay of execution at the Court of Appeal after obtaining the full grounds of judgment.
Earlier, Muhammad Shafee submitted that following the verdict in December last year, the defence had not intended to apply for a stay of execution of the prison sentence at that stage, as Najib was then, and remains, serving his sentence in the SRC International Sdn Bhd case.
He said the decision was made to allow Najib to benefit fully from the concurrent running of the sentences if the appellate court ruled in his favour on whether the sentences in the present case could run concurrently with those in the SRC case.
“The non-application for a stay on that day was expressly premised upon the applicant’s liberty to apply for a stay at a later date, depending on subsequent developments in the law or other circumstances,” said the lawyer, adding that Najib’s age and health condition should be taken into consideration when deciding the application.
Meanwhile, deputy public prosecutor Datuk Ahmad Akram Gharib, who opposed the application, argued that Najib had failed to demonstrate any exceptional circumstances to justify a stay of execution pending appeal.
“If a stay is granted, the respondent, representing the public interest, would suffer real prejudice as the enforcement of a valid conviction would be suspended, potentially eroding public confidence in the administration of justice and delaying finality in a case that has already taken seven years from charge to conviction,” he said.
Ahmad Akram maintained that the interests of justice, the gravity of the offences, the accused’s prior convictions and the overwhelming public interest all support the dismissal of this application.
On Dec 26 last year, the High Court sentenced Najib to 15 years’ imprisonment and imposed an RM11.4 billion fine in the 1MDB case. On Dec 29, Najib filed a notice of appeal at the Court of Appeal against the decision. However, he did not apply for a stay of execution of the verdict.
For the abuse of power charges, the court imposed a sentence of 15 years’ imprisonment on each count and a collective fine of RM11.4 billion, in default of 40 years’ imprisonment.
On the 21 money laundering charges, he received a sentence of five years’ imprisonment on each count, with no additional fine.
The 73-year-old will serve an effective custodial term of 15 years, as the court ordered all prison sentences to run concurrently.
This sentence is to run consecutively, commencing only after Najib completes his existing six-year term for the misappropriation of RM42 million in the SRC International case, which concludes on Aug 23, 2028.
Last month, His Majesty Sultan Ibrahim, King of Malaysia, granted a conditional pardon to Najib, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the payment of a RM50 million fine.