With 1mdb Conviction Najib S Hope For Early Release In 2026 Narrows

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Two weeks ago, Najib Abdul Razak had two things to look forward to: that he would be placed under house arrest, and then have his prison sentence end in August 2026.
The revised jail term for Najib’s conviction in the SRC International case was scheduled to end by August 2028. However, including the one-third remission for good behaviour, he could have been out as early as August next year.
But the courts have dashed both prospects. The house arrest decree was declared invalid, and he was convicted in the 1MDB corruption case and sentenced to 15 years in prison.
Lawyers Malaysiakini spoke to said that with the 1MDB conviction, the prospects of Najib’s early release are narrow.
ADSThis is because he would be required to serve the 1MDB jail sentence once his SRC imprisonment term ends.
Lawyer Naran Singh explained that, being two separate cases, the prison sentences would thus run consecutively instead of concurrently.
Naran Singh“(The 1MDB sentences) is fair. There were two separate incidents, and it would be overlapping if he were ordered to serve the sentence from Friday, the day of his conviction.
“So the way I see it, is it fair. The court was correct in coming to that decision,” he said.
Lawyer Haniff Khatri Abdulla concurred, saying that even if Najib’s defence had applied for a stay of execution for the 1MDB case, the court would have likely rejected it.
The former prime minister’s lawyers did not apply for a stay of execution on the sentence last Friday.
However, Haniff said, Najib may still apply for a stay of jail term execution for the 1MDB case once his SRC International jail term ends.
Alternatively, he can also apply for a stay if a higher court overturns the High Court’s verdict on his house imprisonment bid case.
Haniff Khatri Abdulla“Assuming, going on the basis that he succeeded in the Court of Appeal to convert his imprisonment from Kajang to home, then he can file (for a stay) at that time.
“He can also file for a stay once he has finished serving his SRC jail term. Because he still has his right to appeal in the 1MDB case (that is) yet to be completed,” Haniff said.
15 years’ jail, RM11.39b fine
Najib was found guilty on Dec 26 for all four power abuse charges and 21 money laundering charges involving 1MDB funds.
ADSFor the power abuse convictions, judge Collin Lawrence Sequerah sentenced him to 15 years for each count and imposed fines of RM303.15 million for the first charge, RM454.5 million for the second, RM10.41 billion for the third, and RM222.85 million for the fourth, for a total of RM11.39 billion.
However, the judge ordered Najib to serve his jail sentences concurrently, which means he would only be serving 15 years in total.
The court also ordered that, should he fail to pay the fines, Najib would face an additional 10 years’ imprisonment.
For money laundering, Sequerah sentenced Najib to five years’ jail for each count with no fine but ordered him to pay another RM2.08 billion in sum recoverable under Section 55(2) of the MACC Act 2009, for which he is liable to 30 months in jail if he fails to pay the amount.
Najib Abdul RazakThe jail term was also set to begin only after Najib concludes his current imprisonment for the SRC International case.
Najib’s lawyer, Shafee Abdullah, said they will file their appeal against the High Court’s decision on Dec 29, citing multiple “blunders” in the judgment.
King can invoke Article 130
Haniff further told Malaysiakini that the Yang di-Pertuan Agong can also summon the Pardons Board to discuss the latest developments.
“Given the issues that centred on the 16th Yang di-Pertuan Agong royal decree on house arrest, the current king can call for a Pardons Board meeting and get their advice on the matter, as well as matters that were not included in the convict’s application for a pardon,” said the lawyer.
This includes discussing Najib’s conviction in the 1MDB case. Umno previously sought for Najib to get a full pardon after the former party president’s SRC jail term and fine were reduced.
Additionally, Haniff said that the Agong can also seek clarification from the courts.
“His Majesty can also invoke Article 130 of the Federal Constitution, in seeking the court to give him clarification on pardon-related matters so that we can avoid such an issue like Najib’s house arrest in the future,” he said.
Article 130 of the Constitution grants the Federal Court advisory jurisdiction, which allows the Yang di-Pertuan Agong to refer any question on the effect of a constitutional provision to the court for an opinion.
This is to resolve potential legal ambiguities or disagreements on constitutional matters, enabling the Yang di-Pertuan Agong to get the highest court’s inputs on constitutional issues. - Mkini

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