Najib applies for a delay in sentence mitigation until Aug 3

KUALA LUMPUR (July 28): The defence for former Prime Minister Datuk Seri Najib Razak (pictured), who was found guilty on all seven charges at the SRC International Sdn Bhd trial today, have made an application for mitigation in the case to be put off until Monday (Aug 3).

Lawyer Tan Sri Shafee Abdullah had applied for the delay of the mitigation for Najib’s sentencing citing the Courts of Judicature Act which he claimed stipulated a stay of conviction and sentence.

However, appointed prosecutor Datuk V Sithambaram said that the prosecution is ready for sentencing to be carried out as early as possible.

He also cited a law which states that the sentencing should be passed immediately.

Shafee clarified that the defence is not seeking a stay but merely a deferment to the mitigation of sentence until next Monday, when they will be better prepared.

He cites "the Anwar case" of which a deferment had purportedly been granted twice.

Justice Mohd Nazlan Mohd Ghazali said that he needed case laws to refer to Shafee’s request, but Shafee says there are no reported cases, maybe only some newspaper cuttings.

Shafee further added that Najib’s bail in this case is RM1 million, whereas the total bail Najib has paid for other cases is RM6 million.

“On top of that he has to pay tax to LHDN [Income and Revenue Board] to the amount of RM1.69 billion,” he said.

Shafee also said that the bail should not be increased.

Nazlan told Shafee that this request is unusual.

"I don't want to create a precedent," said the judge.

Nazlan asked the prosecution whether they have come across a stay of a judgement in other cases.

Shafee says "we thought this is common ground" but Nazlan replied that this is not common for the prosecution.

Nazlan announces a recess until 2pm for the parties to find authority over the stay of the conviction as requested by the defence.

The trial will continue at 2pm.

Najib was found guilty of all seven charges of abuse of power, criminal breach of trust and money-laundering in relation to RM42 million belonging to SRC International Sdn Bhd.

The former premier is the most senior member of the executive branch of the previous Barisan Nasional government to be charged in court.

Najib was slapped with three criminal breach of trust (CBT) charges — as a public servant and agent of the government, namely the PM, finance minister, and SRC International advisor emeritus, he had misappropriated RM27 million and RM5 million in Dec 2014, and another RM10 million in Feb 2015.

The funds are part of two loans from the Retirement Fund, Inc (KWAP) to SRC that are worth a total RM4 billion.

The three charges were made under Section 409 of the Penal Code which provides for a jail term of up to 20 years, whipping and a fine upon conviction.

Meanwhile, he was also charged with one count of abusing his power. Najib, as PM and finance minister, had used his position to commit bribery involving RM42 million through his participation or involvement in the decision to provide government guarantees for the KWAP loans to SRC.

He was charged with committing the offence at the Prime Minister's Office, Precinct 1, Putrajaya,Federal Territory of Putrajaya, between Aug 17, 2011 and Feb 8, 2012, under Section 23 of the Malaysian Anti-Corruption Commission Act 2009.

Under Section 24 of the Act, he faces 20 years' imprisonment, and a fine of not less than five times the amount or value of the bribe, or RM10,000, whichever is higher.

For money-laundering, Najib — who is also Pekan Member of Parliament — was charged with receiving the RM27 million, RM5 million and RM10 million from illegal proceeds into his two AmIslamic Bank Bhd accounts, bearing the numbers 2112022011880 and 2112022011906.

He was accused of committing the offence at AmBank, 55, Jalan Raja Chulan here, between Dec 26, 2014, and Feb 10, 2015.

The charge under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001, sees the politician facing up to 15 years in jail and a fine of RM5 million, or five times the amount, whichever is higher, for each charge.

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