KUALA LUMPUR (Dec 20): Christmas week this year is bookended with major court decisions in two separate court cases involving former prime minister Datuk Seri Najib Razak.
One case could determine whether he leaves prison in the near future, and another will decide on whether he is guilty and will subsequently serve another jail term or walk free.
On Monday (Dec 22), High Court judge Alice Loke Yee Ching will give her verdict on the issue of the "royal addendum", including whether the imprisoned 72-year-old can serve the remainder of his jail sentence under house arrest.
The royal addendum only concerns the prison sentence meted out in the SRC International Sdn Bhd case in August 2022, which Najib is currently serving.
In early 2024, the Federal Territories Pardons Board slashed the ex-PM's jail time to six years and reduced his fine to RM50 million (please see graphic).
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However, the then-Yang di-Pertuan Agong issued an addendum (additional) order — independent of the Pardons Board — allowing Najib to serve the remainder of the updated sentence under house arrest.
What followed was a series of court hearings since last year, eventually leading up to a hearing in November where Loke heard arguments on the validity of the addendum order.
What are the main issues?
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In gist, Najib's lawyers argue that the supplementary order was well within the Ruler's discretion and does not require the Board's consultation.
They argue that the order falls under "respite" per the law, granted not to absolve guilt, but to ease how the punishment is carried out.
The Attorney General's Chambers (AGC), however, counters that such an addendum is invalid and cannot be enforced because any Ruler is bound by the advice of the Pardons Board, including on issues of mercy.
They argue that the constitution not only stipulates the procedural framework for pardons but also highlights many different safeguards to ensure that pardons are informed by legal counsel and are deliberated.
The court initially set Jan 5 to deliver its decision, but "upon the firm instructions" from Najib, his lawyers had asked for an earlier date, given the humanitarian implications of a further delay.
What happens after addendum verdict?
Should the verdict be in favour of Najib, it is most likely that the AGC will appeal and also seek a stay order — in essence, to pause implementing the decision — pending the completion of the appeal process.
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This simply means that Najib may not be out so soon, as the appeal process itself could take a couple of months, depending on the court's schedule.
However, speaking to the press on Thursday (Dec 18), the former PM's lead counsel, Tan Sri Muhammad Shafee Abdullah, said that in his opinion, a stay ought not be granted as this concerns issues of liberty.
If the verdict is against Najib, it is likely that he will appeal the decision and will remain behind bars until the disposal of his appeal.
Back in court on Friday for verdict in 1MDB main trial
Najib will be back in court on Friday (Dec 26) for a verdict on an ongoing criminal case against him, 1Malaysia Development Bhd (1MDB).
At long last, presiding judge Datuk Collin Lawrence Sequerah, now an apex court judge, will deliver his decision on the trial that has dragged on for nearly seven years.
Sequerah will either convict or acquit Najib of four abuse of power charges and 21 counts of money laundering amounting to about RM2.2 billion misappropriated from the state strategic development firm.
A total of 26 witnesses took to the stand, building a defence that the monies were Middle East donations, that 1MDB was not Najib's brainchild, and that the company’s management worked hand-in-glove with fugitive businessman Low Taek Jho (Jho Low) to plunder the monies for personal gain, unbeknown to Najib.
Despite ruling that the prosecution had established a prima facie case in October last year, the court is not bound by its earlier findings.
What happens after 1MDB verdict?
Should Najib be found guilty over any of the charges, parties would then mitigate over the sentence — prison time and fine — to be imposed on Najib. The court is most likely to give its ruling on the sentencing on the very same day.
Najib will most likely appeal the verdict, and thus the decision will most likely be stayed pending the disposal of the appeal.
If the court finds that Najib is not guilty, then the ex-PM has one less court case to worry about. But it is also most likely that the prosecution will appeal the decision.
Technically, Najib still has two other court cases — the SRC RM27 million money laundering trial, and the criminal breach of trust of RM6.6 billion involving International Petroleum Investment Company (IPIC), where Najib is charged alongside former Treasury secretary general Tan Sri Mohd Irwan Serigar Abdullah.
However, he has been granted a temporary reprieve in the form of a discharge not amounting to an acquittal (DNAA). This simply means the case is "on hold", pending the public prosecutor's decision to recharge Najib.
