Prosecution urges maximum 20-year jail term and RM11.4 billion fine for Najib Razak, citing enormous 1MDB losses and need for public deterrence
PUTRAJAYA: The prosecution has urged the High Court to impose a maximum sentence with a strong deterrent effect against former prime minister Datuk Seri Najib Tun Razak in his RM2.3 billion 1Malaysia Development Berhad (1MDB) case.
Deputy Public Prosecutor Datuk Ahmad Akram Gharib described the scandal as one of the most serious financial crimes ever perpetrated in Malaysia, involving sophisticated cross-border transactions.
He stressed that public interest must be the paramount consideration, as the offences involved the misappropriation of public funds.
Citing a parliamentary disclosure, the prosecutor said total liabilities from 1MDB amount to nearly RM50 billion, with about RM42 billion already paid by the government.
Despite recovery efforts yielding RM29 billion, approximately RM13 billion remains outstanding.
“These facts underscore the profound and enduring harm caused by the offences,” he said, adding that only a sentence reflecting the gravity of the crimes would uphold public confidence.
Ahmad Akram argued that Najib’s positions as prime minister, finance minister and chairman of the 1MDB board of advisers aggravated the seriousness of the offences.
He said Najib used his authority to influence the 1MDB board to carry out abnormal transactions with undue haste.
The prosecution noted the High Court had previously affirmed that no individual, regardless of political power, is above the law.
In conclusion, the prosecution said the exceptional seriousness of the offences and overwhelming public interest justified a sentence at the highest end of the permissible range.
On sentencing, Ahmad Akram submitted that imprisonment in this case should run consecutively upon the expiration of Najib’s existing sentence from the SRC case.
The prosecution proposed that imprisonment for the four MACC Act charges run concurrently, and sentences for the 21 AMLATFA charges also run concurrently.
However, the prosecutor submitted that sentences under the two acts should run consecutively due to the distinct nature of the offences.
Describing the case as unprecedented, the prosecution said the status of the accused and the billions involved made it a case “never before seen and, hopefully, never again to be seen” in Malaysia.
On the four abuse of power charges, Ahmad Akram urged the court to impose the maximum sentence of 20 years’ imprisonment for each count and a total fine of RM11.4 billion.
For the 21 money laundering charges, the prosecutor sought the maximum custodial sentence of five years’ imprisonment and a fine.
The prosecution also urged the court to order that any sentence be served consecutively to Najib’s existing term and to decline any application for stay of execution pending appeal.
It further submitted that the court should order a penalty equivalent to the value of untraceable proceeds of unlawful activity.
“Given the scale of the misappropriation, the prosecution respectfully submits that such an order is necessary in the interests of justice and public interest,” Ahmad Akram said.
Meanwhile, Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, submitted that his client has never been convicted of any offence throughout his 47 years of public service.
He said any sentence imposed would carry significant personal, reputational, and historical consequences for the 72-year-old.
“The accused stands before this court as a 72-year-old man who has spent nearly five decades in public service,” Shafee said.
“We therefore humbly urge that any custodial term imposed be the minimum permitted by law.”
He further submitted that sentencing is not solely about retribution but also about proportionality, mercy, and the preservation of humanity within the law.
Shafee added that Najib has been subjected to an unprecedented RM1.69 billion tax demand and relentless public vilification.
“The cumulative weight of these burdens has already exacted the harshest toll on his life and legacy,” he said.
He also argued there is no evidence Najib diverted funds for personal luxury, as the overwhelming portion was used for political and welfare activities.
Najib, clad in a blue suit, appeared calm throughout the proceedings, which were also attended by his family members and supporters.
