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National Interest, or National Embarrassment?

The Court of Appeal has upheld the guilty verdict on all seven charges in the corruption trial of Malaysia’s former premier, Najib Razak, centred on his involvement in the multi-billion-dollar scandal at state fund 1MDB. The seven charges involve allegations of abuse of power, several counts of money laundering and criminal breach of trust. 

Najib, whose term as prime minister ended with defeat at the 2018 General Elections, was found guilty of diverting an estimated RM42 million ($10m) from SRC International, a division of 1MDB, into his personal bank accounts in July last year, and sentenced to 12 years in prison by the Malaysian High Court. Last Wednesday, the Court of Appeal unanimously affirmed this decision, upholding the verdict that Najib is guilty on all seven charges.

During his appeal, the defence argued that Najib had no knowledge that the money was going into his personal accounts or that it originated from SRC International. They claimed that Najib had always worked for the national interest, and was misled by Malaysian financier Jho Low into believing that the funds into his account were a donation from the Saudi royal family. 

Those grounds for appeal were swiftly rebutted by Justice Abdul Karim, one of the three judges in the appeal case. “This is not something that can be said to have been done in the national interest. There is no national interest here. Just national embarrassment”, said Justice Abdul Karim. 

Najib now seeks to appeal to the highest court in the land, the Federal Court. 

Will Najib’s Appeal Succeed?

The Federal Court is Najib’s last resort. The pressure is on him to win the appeal.

The former Premier’s chances of winning the appeal, however, seem rather slim. With mounting evidence suggesting the funds transferred into his personal accounts were sourced from unlawful activities, coupled with the unanimous decision made in the Court of Appeal, Najib’s appeal faces an uphill battle that seems unlikely to be won. 

It is certainly insufficient for Najib, in his own words, to claim “I didn’t know, nor ask for it [the money]” to exculpate him from any legal liability.  How is it possible to completely miss an additional 42 million ringgit in your bank account, especially when it is proven that you spent that money? And even if the Saudi King wanted to provide a genuine donation to Najib, why did he have to transfer the funds via SRC International? Simply claiming ignorance does not seem to be an adequate defence.

In order to successfully appeal his case, Najib’s legal team would have to somehow adduce new evidence which may prove that the money was irrefutably legally sourced, or that it was indeed donated by the late King Abdullah Al-Saud of Saudi Arabia, as is frequently claimed by Najib. However, it is again improbable that the court would allow the introduction of new evidence, hence putting Najib’s team at a clear disadvantage.

As is the scenario for most legal proceedings, the final verdict for this case may take years to finally be decided. Until then, Najib roams free, indulging himself with hilarious Facebook posts, munching on a pack of Super Ring and wearing T-shirts emblazoned with his iconic tagline ‘Malu apa bossku’ (literally meaning “embarrassed for what, my boss?”). He may even run for election in 2023, which may see him elected to the premiership once again. 

Will Najib Become Prime Minister Once Again?

Following Najib’s tenure as Prime Minister in 2018, Malaysia has seen three different leaders at the helm of the government. Malaysia’s political climate is unstable, to put it lightly.

Despite the disgraceful defeat faced by Barisan Nasional in 2018, they might be making a comeback in the general election in 2023. In the recent Malacca state election, Barisan Nasional won 21 out of the 28 seats, a resounding victory, signalling the returning dominance of UMNO – the most dominant party within the Barisan Nasional coalition.  With the hypocrisy of Pakatan Harapan in making deals with sleazy politicians and welcoming party-hoppers –– an action they condemned vehemently following the toppling of their government in 2020 –– their popularity has evidently plummeted, now giving UMNO a chance of gripping power once again, and so, even, might Najib.

Najib still commands a strong supporter base in UMNO. Even with his ongoing legal battles, he is the only UMNO heavyweight that stands a chance of succeeding Mr Ismail Sabri, who is not part of UMNO’s “mainstream”. If UMNO were to become the largest party in 2023, it would not be surprising to witness the resurrection of Najib’s political career and his messianic return to the premiership. 

Until then, Najib must win the hearts of the people. He must convince people that the charges against him are merely dirty political tactics, rather than based on genuine legal infringements. If he succeeds on this front, there would be strong public pressure on the courts to allow his appeal. Although the courts are theoretically unaffected by these external influences, his sentence could potentially be dramatically reduced due to this public pressure, even if his guilty verdict stands. 

The final step for Najib then would be to seek a royal pardon. With a royal pardon by the Yang di-Pertuan Agong, both Najib’s criminal label and sentence would be removed,  hence qualifying him once again to become Prime Minister. And with an UMNO-led government, these convictions would more easily be overturned.

A wildcard in the coming general election, however, is the role of the young voters with the passing of the Undi18 bill. In 2018, young voters were the ones predominantly responsible for ousting Najib and UMNO out of the office and ushering a new chapter in Malaysia’s history. Thus, it is curious to see whether they have changed their minds since then and if their votes will, once again, stifle Najib’s political ambitions.