Najib showed no remorse, shifted blame, says judge in 1MDB case

KUALA LUMPUR: Former prime minister Najib Razak has never shown any remorse for the wrongdoing that caused massive financial damage to Malaysia, the High Court said in its 1MDB ruling.

Trial judge Collin Lawrence Sequerah, in his 800‑page grounds of judgment released today, stressed that 1MDB — intended as a sovereign wealth fund to spur Malaysia’s economic growth — instead became “the centre of one of the largest financial corruption and money laundering scandals of the 21st century”.

Citing finance ministry figures recorded in Parliament’s Hansard, Sequerah noted that RM42 billion out of RM50 billion in losses linked to 1MDB had been paid as of last year, with RM29 billion retrieved through asset recovery efforts.

“The repercussions and consequences arising from the fallout of the scandal are still ongoing and there are current financial obligations that still need to be fulfilled.

“The scandal also caused damage to (Malaysia’s) reputation,” Sequerah said.

“At the heart of this scandal stood not a humble employee who saw an opportunity to exploit the flaws in the system, but a man exalted and holding the highest reins of power.”

Sequerah said that Najib, who led and held multiple top positions in government and 1MDB, had “used and exploited (them) to carry out certain acts and exert influence on the board of directors to approve abnormal transactions with unholy haste”.

“This court also rightfully considered that the accused never showed remorse for the offences and opted to blame the scandal on 1MDB management staff,” he said, justifying a 15‑year jail sentence together with a RM11.38 billion fine as an appropriate punishment.

The court also noted that Najib is currently serving a six‑year jail sentence handed down earlier in the SRC International case, adding that the SRC matter is “of a similar nature to the present 1MDB case”.

‘Chequered history’

In his judgment, Sequerah described the 1MDB case as one with a “chequered history”, starting from Sept 20, 2018, when Najib was brought to court to face 25 charges of abuse of power and money laundering.

However, the trial commenced almost one year later, on Aug 18, 2019, as Najib’s SRC International case was already ongoing.

“After the trial progressed for a while, and hope appeared to spring eternal, the world was plunged into the Covid-19 lockdown,” Sequerah said, adding that the trial had to be adjourned on multiple occasions when parties and witnesses tested positive or were suspected to have contracted the disease.

The trial went on for more than six years, with 50 witnesses testifying for the prosecution and 26 others in support of Najib’s defence.

“This has in all probability surpassed the length of any other trial in the annals of Malaysian court history, an unenviable record,” Sequerah said.

‘Arab donation’ defence untenable

In making a finding of guilt, Sequerah noted that Najib had consistently claimed that the funds he received were “donations” from the late Saudi monarch, King Abdullah.

However, the justification was rejected by courts of all levels in the SRC International case, with the Federal Court saying it was “incapable of belief”.

“These findings constitute an issue of estoppel against the accused. He could no longer bring this up again to re-litigate,” Sequerah said.

On Najib’s contention that the case against him was “politically motivated”, Sequerah said the “cold, hard and incontrovertible evidence” showed that Najib had abused his all-powerful position in 1MDB coupled with the extensive powers available to him.