KUALA LUMPUR – Imprisoned former Prime Minister Najib Razak will have to do just that establish a defense against charges related to receiving gratifications from 1Malaysia Development Berhad (1MDB) deposited into his bank accounts, as well as money laundering charges.
On October 30, Judge Collin Lawrence Sequerah of the Kuala Lumpur High Court ordered Najib to answer the charges, on the grounds that he was neither misled nor prejudiced in relation to the charges against him.
“I find that the charges meet all legal criteria of the Code of Criminal Procedure,” Judge Sequerah said, noting that the charges against Najib were valid.
In response, Najib’s lead lawyer, Mr Muhammad Shafee Abdullah, said his client has nothing to hide and will testify from the witness box.
He also said his client, who was present at the court, was “extremely disappointed” with the court’s ruling.
Najib, 71, faces four charges of abusing his position to illegally receive funds of RM2.28 billion (S$690 million) from the coffers of sovereign wealth fund 1MDB and 21 charges of money laundering involving the same money.
Najib’s trial starts on December 2.
Mr Halmie Azrie Abdul Halim, senior analyst at political risk consultancy Vriens and Partners, said the court’s decision would mean another lengthy process that could last several years.
This is also likely to end Najib’s political career given his age and tarnished reputation, he told The Straits Times.
Najib, a former Umno president, stepped down from office after the political party suffered its first ever defeat in the 2018 general election.
After the 2022 general election, the Umno-led Barisan Nasional alliance joined Prime Minister Anwar Ibrahim’s unity government, which also includes the Pakatan Harapan and parties from Sabah and Sarawak.
Mr Halmie said: “The court’s decision will put Umno at a crossroads as they must now decide whether to either stick with Najib until the end or cut their losses and abandon him.”
Analysts say the Supreme Court’s ruling will renew public confidence in the judiciary’s commitment to ensuring that everyone, including former national leaders, is subject to the same laws, regardless of rank or status, and can be held accountable if there is substantial evidence of misconduct.
Universiti Malaya socio-political analyst Awang Azman Awang Pawi said: “By bringing a prominent figure to justice, Malaysia is demonstrating its commitment to transparency, accountability and integrity in governance. It illustrates the effectiveness of checks and balances, which are essential for a healthy democracy.”
But it remains to be seen whether Najib’s supporters in Umno will use his legal setbacks to threaten the political party’s commitment to Anwar’s unity government.
Mr Amir Fareed Rahim, KRA Group strategy director, said: “Some quarters in Umno could pressure the top leadership to use Najib’s freedom to determine whether Umno should continue to work with the Pakatan Harapan coalition of the Mr Anwar in the next general election.”
Malaysia’s next general election is in early 2028.
Najib’s abuse of power is alleged to have been committed at a branch of AmIslamic Bank, Jalan Raja Chulan, Bukit Ceylon, between February 24, 2011 and December 19, 2014. The money laundering offenses are alleged to have been committed at the same location between March 22 and August 30. 2013.
On October 24, Najib publicly apologized to all Malaysians in a statement read by his son, Datuk Mohd Nizar Najib, on the 1MDB scandal, which occurred during his tenure as prime minister and finance minister.
Najib said he did not realize the money sent to his bank accounts came from 1MDB funds.
“I am still deeply shocked to know the extent of the wretched and unscrupulous shenanigans and illegal things that have happened in 1MDB. I deeply regret what happened,” Najib said in the letter read by his son.
On October 25, Prime Minister Anwar Ibrahim “welcomed” the apology after being questioned by reporters.
On October 30, more than a hundred of Najib’s supporters gathered outside the High Court in Kuala Lumpur and called for justice. Some heard people chanting “bebas bossku” – “free my boss” in Malay – referring to Najib.
Najib, who spent 24 months in prison, did was originally serving a 12-year prison sentence since August 2022 for a previous graft conviction involving RM42 million linked to 1MDB subsidiary SRC International.
But in January, a pardon council chaired by the outgoing king decided to halve Najib’s prison sentence, allowing him to be released from prison on August 23, 2028.
In 2023, Najib was acquitted by the Kuala Lumpur High Court on charges of abusing his power by tampering with an audit of the scandal-plagued sovereign wealth fund in 2016.
Najib faces two pending criminal cases. He is accused of laundering RM27 million from SRC International and committing breach of trust involving the payment of RM6.6 billion in government funds to Abu Dhabi’s government-run International Petroleum Investment Company.