This article first appeared in The Edge Malaysia Weekly on August 3, 2020 - August 9, 2020
AFTER former prime minister Datuk Seri Najib Razak was found guilty on all seven charges of abuse of power, criminal breach of trust and money laundering in relation to RM42 million belonging to SRC International Sdn Bhd, the prosecution, led by appointed prosecutor Datuk V Sithambaram, submitted that Najib must face the full brunt of his crimes and that maximum sentences be handed down, given the severity of his crimes and public interest for justice to be done.
Najib’s defence, led by Tan Sri Shafee Abdullah, had earlier requested that mitigation be delayed to a later date, as they would need to study the judgment to put forth an argument for mitigation.
Nazlan denied the application, which led Shafee to quip that he was “crippled as counsel for the accused”, as he was unable to explain the court’s decision.
In arguing for the sentences to be mitigated, however, Shafee said Najib, the serving prime minister and minister of finance at the time, had been nothing but cooperative with the authorities — the Royal Malaysia Police and Malaysian Anti-Corruption Commission — during the 2015 and 2018 investigations into 1MDB and SRC.
He had also initiated the establishment of the Public Accounts Committee (PAC) over the same matter.
Najib, too trusting to be given a heavy sentence, also a victim
Shafee argued that Najib had over-trusted certain individuals and the board of SRC, and therefore did not micromanage.
“If he (Najib) is at fault for anything, he is at fault for trusting people that ought to run the company, both 1MDB and SRC. In certain instances, one can say he over-trusted. That he’s willing to take the blame.
“Because you cannot micromanage, you can only macromanage. And if the one you trusted betrays you, this is how you can end up, like my client.”
Shafee also argued that justice has to be seen to be done by the public and, in Najib’s case, it is not done, as many who were complicit in the goings-on at SRC were let off the hook.
“The more guilty persons like Nik Faisal, Jho Low and the rogue bankers as well as Datuk Suboh [Md Yassin] ... [For all] others [who] are more guilty, there is little attempt to bring them to justice.”
As such, Najib feels he is a subject of political victimisation.
Ninety-nine per cent of the money not used by Najib, and other justifications
Other mitigating factors claimed by Shafee included the fact that 99.9% of the RM42 million gratification Najib received was not used for his personal benefit, as he had used only 0.1% for personal matters such as “minor renovations” for his Langgak Duta house and his family home in Pekan.
As for the more than RM3 million Najib spent at a famous Italian jeweller in Sardinia in August 2014, he had previously testified that he had purchased the jewellery for former Qatari prime minister Sheikh Ahmed Jassim Al Thani’s wife while on holiday.
“My client very well cannot give kain batik and selendang to them in return, when he was given lavish gifts by them,” Shafee argued.
Shafee also submitted that the sentence ought to be mitigated because Najib had been slapped with a RM1.69 billion tax bill by the Internal Revenue Board, which he said was oppressive.
“My client has gone through a series of punishments already. He has been charged in at least four courts, he has also been hounded by the tax department, and the most ridiculous sum of money is now placed on his head as tax due, or taxable income of RM1.69 billion — a staggering amount for an individual. That we submit is oppressive and it was purposefully undertaken,” Shafee said.
Sithambaram: This case has tarnished the country’s image
Arguing against mitigation of the sentences, Sithambaram said Najib had done nothing to retrieve or return the money even when he was informed of it.
Sithambaram quoted Lord Denning in saying that no matter how powerful a person is, the law is equitable to everyone, and that the sentence would serve as a marker and warning for anyone who thinks that they are above the law.
“The highest trust was made in him as the head of the government. He has a fiduciary duty and this conviction shows that. The sentences should serve as a precedent for all in public office that no one is above the law.
“This case has tarnished the country’s image [and portrayed it] as a kleptocracy and no Malaysians deserved that.”
A hefty punishment would uphold the integrity of an administration, said Sithambaram, who pointed out that corruption is a threat to national security even though it is not a threat to public order.
“Any leniency would be disastrous to social life. There is no room for sympathy in this case.”
Najib addresses court in plea for leniency
Najib asked to address the court and, when allowed, waxed lyrical about his achievements as prime minister and finance minister. “I would just like to refer to my tenure as prime minister for nine years, during which the country prospered to the extent that we had very strong robust economic growth for nine straight years, ending with 5.9% growth in 2017.
“It is also a period where we saw our stock market on the longest-ever bull run in our history, 1,900 points on the FBM KLCI. During this period, I oversaw massive infrastructure development in the country, including public transport and housing on a massive scale.”
He also claimed to have built up Petronas and Khazanah Nasional Bhd and to be responsible for the record dividends declared by Amanah Saham Nasional Bhd and Permodalan Nasional Bhd.
Pointing to the abolishment of the Internal Security Act (ISA), he said he was not given much credit for it.
“I did not demand the RM42 million. I did not plan for the RM42 million nor was the RM42 million offered to me. There has been no evidence or witnesses that say so.
“I have no knowledge of the RM42 million.”
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