News Credit: Free Malaysia Today
PETALING JAYA: The public should expect no concessions from the prosecution or Najib Razak in the former prime minister’s ongoing 1MDB-related criminal proceedings, a retired deputy public prosecutor (DPP) and a lawyer said.
They said the attorney-general (AG), who is also the public prosecutor, will pursue all charges framed over the last five years, while Najib, for his part, is expected to fight all the cases to prove his innocence.
Former senior DPP Stanley Isaacs said last week’s affirmation of Najib’s conviction by the Federal Court means there is no reason for the prosecution to discontinue or withdraw other charges pending against the former prime minister.
“When a person is arraigned on a charge before a court, it means the AG or a DPP is satisfied that there is sufficient evidence to prosecute and up to 90% certainty of obtaining a conviction,” he told FMT.
Further, he said, the charges faced by Najib are based on their own facts and merits and, as such, they ought to be taken through to their logical conclusion.
“To do otherwise would raise public disquiet and sinister questions about the integrity of the AG’s use of his prosecutorial powers,” he said.
Isaacs, a former head of prosecution, based his view on long-held traditions in the Attorney-General’s Chambers that, once commenced, each criminal proceeding must be taken through to its natural end, and left to the presiding judge to decide.
Should Najib be convicted, he said, it would be open to the accused or even the prosecution to propose that the trial judge order any additional imprisonment sentence to run concurrently with the term he is currently serving.
He said this in response to whether the prosecution will likely withdraw charges against Najib if he pleads guilty to facilitate the pardon process.
On Aug 23 last year, a five-member Federal Court panel affirmed Najib’s conviction and sentence in the SRC International corruption case.
In a majority 4-1 ruling last week, the apex court dismissed Najib’s review application, meaning he will continue to serve the 12-year jail term imposed by the High Court at the end of his trial in July 2020.
He is also liable to a fine of RM210 million or an additional five years’ jail in default.
Lawyer Kitson Foong said the AG would not normally of his own volition withdraw charges already pending in court.
Foong said the AG may exercise his discretion after written representations are made by an accused to review charges in light of new developments.
He also said it is highly unlikely that Najib would take “an about-turn” and plead guilty to any charge given that he has maintained his innocence in all criminal proceedings to date by denying knowledge, condonation and complicity in the crimes alleged.
Meanwhile, lawyer Zainur Zakaria said it was unlikely that the Pardons Board would be in a position to advise the Yang di-Pertuan Agong to grant Najib clemency in view of his ongoing criminal cases.
“Usually an application for clemency will be considered only after a case before the court has been disposed of,” he said, adding that he had not come across a petition considered on a piecemeal basis.
Najib is facing 25 counts of money laundering and abuse of power over alleged 1MDB funds amounting to RM2.28 billion.
Forty witnesses have given evidence and the prosecution is about to close its case by calling 10 more.
He is also jointly charged with former Treasury secretary-general Irwan Serigar Abdullah on six charges of misappropriating RM6.64 billion in public funds to make payments to International Petroleum Investment Co.
Apart from that, he is charged with three counts of money laundering amounting to RM27 million also involving SRC International funds.
The trials before the High Court have yet to start.
Najib and former 1MDB president and CEO Arul Kanda Kandasamy were acquitted without their defence called on March 3 for allegedly tampering with the 1MDB audit report.
However, the prosecution has filed an appeal in the Court of Appeal.
