High Court sentences Najib to 12 years in jail, RM210m fine

KUALA LUMPUR (July 28): Former premier Datuk Seri Najib Razak (pictured) was today sentenced by the High Court to 12 years jail and a RM210 million fine.

This follows Justice Mohd Nazlan Mohd Ghazali finding the Pekan Member of Parliament guilty of all seven counts, including one for abuse of power with regards to the Retirement Fund Inc (KWAP) RM4 billion loan to SRC International Sdn Bhd, three counts of criminal breach of trust involving RM42 million and three counts of money laundering.

In sentencing, the judge noted the importance of public interest and enforcement to deter offenders.

He said the accused held a position of trust.

The judge said the 12 years in jail and the RM210 million fine is for abuse of power, while the three CBT charges carry 10 years jail each. Meanwhile, money laundering charges carries a 10-year prison sentence each.

"The sentences are to run concurrently," he said.

Justice Nazlan said if Najib fails to pay the fine of RM210 million, he can be subject to five years in jail.

Najib faces three CBT charges as a public servant and agent of the government, namely the prime minister (PM), finance minister and SRC advisor emeritus, for allegedly misappropriating RM27 million and RM5 million in December 2014 and an additional RM10 million in February 2015.

The funds are purportedly part of the RM4 billion loan (which was granted in two tranches of RM2 billion each) granted by KWAP to SRC.

The three charges are framed under Section 409 of the Penal Code which provides an imprisonment for up to 20 years, with whipping and a fine upon conviction.

On the abuse of power charge, Najib as PM and finance minister allegedly used his position to commit bribery involving RM42 million through his participation or involvement in the decision to provide government guarantees for the RM4 billion loan granted by KWAP to SRC.

He was charged with committing the offence at the Prime Minister's Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011 and Feb 8, 2012. For this, Najib is charged under Section 23 of the Malaysian Anti-Corruption Commission Act 2009.

If convicted under Section 24 of the Act, Najib would face up to 20 years of imprisonment, and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.

He also faces three charges of money laundering under Section 4 of the Anti Money Laundering, Anti Terrorism Financing and Proceeds from Unlawful Activity Act 2001.

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