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Jailbird Najib's court battle begins tomorrow on 4 counts of power abuse and 21 counts of laundering RM2.28b in 1MDB funds
KUALA LUMPUR, Dec 1, 2024: The disgraced and shameless former prime minister Najib “1MDB” Razak will enter his defence on 1Malaysia Development (1MDB) charges tomorrow.
At the same time the jailbird will also argue his appeal for house arrest.
The convicted kleptocrat is accused of four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion in 1MDB funds.
Meanwhile, Philip George, a lawyer for about five decades, has penned how he is appalled by the incompetence and systemic failures in the country where he spent his formative years.
“The recent debacle involving the DNAA (discharge not amounting to an acquittal) granted to former Prime Minister Najib Razak and former Treasury secretary-general Irwan Serigar Abdullah in the RM6.6 billion IPIC case is a damning indictment of Malaysia’s legal system.
“This shameful episode reflects not only prosecutorial incompetence but also the entrenched rot of nepotism, corruption, and political bias that has derailed justice in Malaysia,” he said.
No News Is Bad News reproduces below a news report on Najib’s court proceedings and Philip George’s article that is being shared in social media:
Najib to enter defence on 1MDB charges, argue appeal for house arrest this week
-01 Dec 2024, 11:23 AM
The former prime minister is accused of four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion in 1MDB funds.
The Court of Appeal will hear Najib Razak’s challenge against a lower court’s refusal to hear his request for house arrest on Thursday. (Bernama pic)
KUALA LUMPUR: Former prime minister Najib Razak will begin his defence this week against graft charges involving RM2.28 billion in 1MDB funds, and argue to serve the rest of his previous sentence under house arrest.
Najib, already serving a six-year jail term for corruption involving former 1MDB subsidiary SRC International Sdn Bhd, faces several other cases linked to the financial scandal that led to his defeat in the 2018 general election.
At the High Court on Monday, the 71-year-old will start his defence against four counts of abuse of power and 21 counts of money laundering involving RM2.28 billion in 1MDB funds deposited into his AmBank account.
The case involves Tanore Finance Corp, which US authorities have said was used to siphon money from 1MDB.
Najib issued an apology in October that the 1MDB scandal happened during his tenure, but maintained he had no knowledge of illegal transfers from the now-defunct state fund.
If convicted, he faces hefty fines and sentences of up to 20 years for each count of abuse of power.
His lead lawyer, Shafee Abdullah, has said they were “more determined” than ever to fight the case.
Separately, the Court of Appeal will on Thursday hear Najib’s challenge against a lower court’s refusal to hear his request for house arrest.
His application for a judicial review centres on the purported existence of an order by the Federal Territories Pardons Board chaired by the former king, granting him permission to serve the rest of his sentence at home.
Najib asked the court to compel the government to confirm the royal decree’s existence and to implement its order.
But the court ruled in July that affidavits supporting Najib’s claim were inadmissible as evidence, because they were hearsay.
The supposed document has not been made public and there has been no comment from the pardons board.
If the appeals court rules in Najib’s favour, the case will go back to the lower court.
There has also been speculation he could benefit from a proposed law allowing house arrest as an alternative punishment for select offences next year.
Prime Minister Anwar Ibrahim’s government has denied the bill was tailored to get Najib out of jail.
Andrew Khoo, a lawyer in Kuala Lumpur, said Najib faces an uphill battle in his bid for house arrest, as he was sentenced for a serious offence.
“It would send the wrong message to the public at large that even those convicted of serious offences can serve their jail sentence from home,” he told AFP.
Allegations that billions of dollars were pilfered from investment vehicle 1MDB and used to buy everything from a superyacht to artwork played a major role in prompting voters to oust Najib and Umno in the 2018 elections.
The 1MDB scandal sparked investigations in the US, Switzerland and Singapore, whose financial systems were believed to have been used to launder the money.
The US justice department has said more than US$4.5 billion was stolen from 1MDB between 2009 and 2015 by high-level officials at the fund and their associates.
Najib began serving a 12-year jail term in August 2022 for offences linked to the misuse of public money from SRC International. The sentence was later halved by the pardons board.
Since then, Najib has won some legal victories.
On Nov 27, the Kuala Lumpur High Court allowed corruption charges in one of the five cases linked to 1MDB to be dropped against him and former treasury secretary-general Irwan Serigar Abdullah.
Those charges were related to payments of more than US$1 billion allegedly made to Abu Dhabi’s International Petroleum Investment Company.
Another charge of audit tampering ended with an acquittal in 2023.
For image info, go to https://www.freemalaysiatoday.com/category/leisure/2024/05/09/meet-racket-boy-the-badminton-player-with-a-story-to-tell/
Tommy Thomas, the Malaysian Legal System, and the Collapse of Justice
As a solicitor of the Supreme Court of England and Wales nearing five decades of practice, I am appalled by the incompetence and systemic failures in the country where I spent my formative years. The recent debacle involving the DNAA (discharge not amounting to an acquittal) granted to former Prime Minister Najib Razak and former Treasury secretary-general Irwan Serigar Abdullah in the RM6.6 billion IPIC case is a damning indictment of Malaysia’s legal system. This shameful episode reflects not only prosecutorial incompetence but also the entrenched rot of nepotism, corruption, and political bias that has derailed justice in Malaysia.
The Tommy Thomas Debacle
Tommy Thomas, hailed as a reformist attorney-general under Mahathir Mohamad’s fleeting second term, grossly mishandled the IPIC case. How could someone with such a critical role in Malaysia’s justice system bring charges without assembling a solid evidentiary foundation? For six agonising years, the prosecution failed to produce the necessary documentary evidence, citing the absurd excuse that the documents were “not ready.” Such a glaring lack of preparedness is inexcusable and reflects the incompetence of not just Thomas but the prosecutorial arm of the Malaysian government.
A System Designed to Fail
The broader implications are even more troubling. The repeated delays and postponements of high-profile cases like this demonstrate a judiciary in disarray. Cases are brought to court without proper investigation, leaving defendants—and the nation—in legal limbo. Judges, bound by procedural rules, are left to manage cases plagued by political interference, racial biases, and cronyism.
The DNAA ruling by Justice Jamil Hussin exposed the inordinate delays and prosecutorial misconduct. Yet, this is not an isolated case. It is symptomatic of a legal system where powerful individuals play games with the rule of law, weaponising it when convenient and abandoning it when it no longer serves their purposes.
The Bumiputra Bias
Another glaring issue is the Bumiputra bias ingrained in Malaysia’s governance and legal processes. Policies favouring one group have long stifled the country’s progress, embedding a sense of entitlement that permeates even the justice system. This systemic inequity fosters corruption and a culture where accountability is reserved for those outside the ruling elite’s favor.
Comparing Legal Systems: Malaysia and England
Having practiced law in England and Wales, I cannot help but draw sharp contrasts. In the UK, the principle of innocent until proven guilty is safeguarded by rigorous pre-trial scrutiny. Cases are not brought to court until the evidence is thoroughly examined and the prosecution is prepared to proceed. This commitment to due process ensures that defendants are not subjected to years of uncertainty, as seen in the IPIC case.
In Malaysia, however, incompetence is normalised, and justice is too often politicised. Prosecutorial overreach, bureaucratic inefficiency, and the influence of nepotism and corruption have made a mockery of the rule of law.
A Broken System Needs Reform
Malaysia’s legal system needs an overhaul, beginning with holding individuals like Tommy Thomas accountable for their failures. His tenure as attorney-general exposed not only his lack of foresight but also the deeper malaise afflicting the justice system. The IPIC case will stand as a cautionary tale for years to come—a stark reminder of what happens when justice is sacrificed for politics.
I am left heartbroken to witness the decline of a country that shaped my early years. The Malaysia I knew had promise, but the one I see today has allowed incompetence, corruption, and bias to poison its institutions. For the sake of future generations, Malaysians must demand accountability and reform, or risk further erosion of their nation’s integrity.
29 November 2024
Philip George
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