Malaysia’s top court yesterday began hearing former prime minister Najib Razak’s appeal to overturn his jail sentence for corruption in a high-stakes legal gambit that could see him locked up or potentially launching a political comeback.
The Federal Court on Tuesday dismissed the former prime minister’s plea for a retrial, clearing the way for the hearings, which are to be held until Friday next week.
As the hearing started, lead defense lawyer Hisyam Teh Poh Teik surprised the court by telling the panel of five judges that he wanted to be discharged from the case, sending the tribunal into a recess.
The hearing resumed after two hours, with the court refusing to discharge Hisyam, and Chief Justice Tengku Maimun Tuan Mat ordering the prosecution to present its case.
Najib, 69, listened attentively to the proceedings, his two children seated directly behind him.
The former leader and his ruling party were roundly defeated in 2018 elections following allegations of their involvement in a multibillion-dollar scandal at state fund 1MDB.
He and his associates were accused of stealing billions of dollars from Malaysia’s investment vehicle and spending it on everything from high-end real estate to pricey art.
Following a lengthy High Court trial, Najib was found guilty of abuse of power, money laundering and criminal breach of trust over the transfer of 42 million ringgit (US$9.39 million) from former 1MDB unit SRC International to his personal bank account. He was sentenced to 12 years in jail in July 2020, although he is not in prison during the appeals process.
An appellate court in December last year rejected his appeal, prompting him to mount a final plea before the Federal Court.
Najib had been hoping the court would grant a full retrial, but that request was unanimously rejected on Tuesday.
Dressed in a dark suit and white mask, Najib arrived in court earlier yesterday and waved to about 70 supporters who shouted “bossku,” meaning “my boss,” which has turned into a rallying cry among his defenders.
“This is not a fair trial. Najib is a victim of political persecution,” 65-year-old Mohamad Yusof Khalid said. “All his appeals have so far been rejected. We pray to Allah for his success in his final appeal.”
However, government prosecutor V. Sithambaram laid out a different picture to the court.
He said the funds that went into Najib’s bank account “were used for his personal expenses like buying Chanel watches and to pay credit cards.”
Najib “wielded supreme power in SRC. The appellant was actually running SRC, and the board sat there and listened,” the prosecutor said.
If the conviction is upheld, Najib would begin serving his jail sentence immediately, lawyers said.
However, an acquittal could propel him into contention for his former political post, as he remains popular in Malaysia.
He remains an elected member of parliament with the United Malays National Organisation (UMNO), the leading party in the current government.
Some analysts said a comeback might not be easy for Najib, as rivals within his own party could try to derail him.
“Many UMNO leaders privately like to see him checking [into prison] to allow the party a fresh break,” Sunway University political scientist Wong Chin Huat (黃進發) said.
“With him gone there is one fewer competitor,” Pacific Research Center of Malaysia principal adviser Oh Ei Sun said.
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