Only a handful of supporters are present at the Palace of Justice in Putrajaya this morning as Najib Razak faces a defining moment in court. After 6 years of proceedings, the ex-PM will learn today whether he will be acquitted or convicted in his RM2.3 billion 1MDB trial. 📹: BFM News 🧵1
Najib Razak arrived at the Palace of Justice in Putrajaya at 8.25am this morning, escorted by prison authorities. 📹: BFM News 🧵2
There are now less than 100 supporters of Najib Razak outside the Palace of Justice. One of the supporters, Ahmad Fazirul told BFM News, he will always support Najib regardless of the outcome of the verdict. 📹: BFM News 🧵3
Court is now in session. Najib's family members, including his children, Nizar, Nazifuddin and Nooryana are present, seated in the middle of the public gallery. 🧵4
“In respect of the defence’s allegation that all four charges under Section 23(1) of the MCC Act are bad for being defective and ambiguous, I do not find any merit in the argument,” says Judge Collin Lawrence Sequerah. 🧵5
Sequerah says the time and place of commission of each offence, and the particular statutory provision function is stated. He adds that the capacity in which Najib acted as prime Minister, Finance Minister, and chairman of the 1MDB board of advisors is also clearly stated. 🧵6
Sequerah has found no merit in the defence's contention that the charges against Najib Razak were duplicitous. "I find that the defence was by no means prejudiced, as shown by how the case was conducted and by the quality of its legal representation." 🧵7
Sequerah says there were no police reports, letters or witness testimony produced on efforts to locate Jho Low, adding that reliance on judicial notice alone was impermissible "I find Jho Low is indeed a person that cannot be found and it is clear that Jho Low acted under the instructions of the accused (Najib)," he said. 🧵8
Sequerah says evidence from PW15 (Jasmine Loo) showed that before a meeting on the PetroSaudi joint venture, Jho Low handed him a phone and said the prime minister was on the line. "During the call, the accused (Najib) instructed PW15 to expedite approval of the Total survey proposal, describing it as an important government-to-government project." 🧵9
"All of this evidence revealed an unmistakable bond between the accused (Najib) and Jho Low, said Sequerah. "It's also clear from the evidence that Jho low had maintained constant communication with the witnesses above or involved in the management of one 1MDB, and that he issued instructions to them on the authority of the accused (Najib)" 🧵10
Sequerah said the evidence showed an unmistakable bond between Najib and Jho Low, with witnesses treating Jho Low's instructions on 1MDB as coming directly from the accused. He added that Jho Low functioned as Najib's agent or proxy in running 1MDB's affairs, rejecting attempts to distance the two. 🧵11
CORRECTION: PW15 is former 1MDB chairman Mohd Bakke Salleh. 🧵12
Sequerah says it would be pure fantasy to suggest senior officers knowingly conspired against a sitting prime minister alongside Jho Low, who held no official position in 1MDB. "The only reasonable means by which they would entertain the instructions of Jho Low with regard to affairs of 1MDB involving colossal sums of moneys would be if they held a genuine belief that Jho Low was acting upon the instructions of the accused (Najib)," he added. Najib remained seated in the dock, largely looking down, as the judge continued reading the decision. 🧵13
On the Arab donation defence, Judge Sequerah says Najib Razak failed to verify, or cause verification of, claims that the funds came from a Saudi prince, calling this a serious lapse. He adds that Najib's failure to acknowledge the four purported Arab letters undermined his credibility. "They were horrible, several unsatisfactory features in the testimonies that tend to the conclusion that what they said does not advance the defense case as to the legitimacy of the Arab donation narrative, nor establish the legitimacy of the four Arab letters." 🧵14
Sequerah cited evidence from DW10 (Brian Chia), who said there was no proof that Prince Saud, Prince Saud al-Kabir, or Prince Turki were at the palace, adding that a purported statement from Prince Saud was signed by his attorney, raising serious doubts about its credibility. He added that Najib continued using the funds even after being informed that the Arab donation narrative had not been disclosed in any official Cabinet declaration. 🧵15
"When viewed as a whole, the evidence showed no credible donor or reliable documentary proof directly linking the large sums deposited into Najib's personal accounts to any legitimate Arab donation," Sequerah said. He adds that the purported Arab donation letters were unverified and pre-prepared forgeries, with the evidence pointing unmistakably to the funds being linked to false donation claims. 🧵16
Sequerah says the fourth purported Arab donation letter was forged by Jho Low, adding that the other donation letters were also false fabrications with no supporting evidence. He also cites discrepancies in testimony by Shamsul Anwar Sulaiman across the 1MDB and SRC trials, and concludes there is compelling evidence the Arab donation narrative relied on non-genuine documents linked to Najib. 🧵17
Sequerah rules that the Arab donation defence is incapable of belief and failed to raise reasonable doubt, barring the accused from relying on it further. Turning to claims of political donations from King Abdullah, he says there was no formal acknowledgment, original letter, confirmation from the royal family, or transparent accounting, adding that even if framed as political donations, funds from illegal sources cannot be legitimised. 🧵18
Najib is sat with shoulders slumped, head hanging and arms crossed. His posture appears to be heavy with defeat. 🧵19
The court is now taking a 10-minute break. Earlier, Judge Sequerah made it clear that he intends to finish delivering his decision today. He told defence counsel Shafee Abdullah that it will take another hour and a half. 🧵20
Court has resumed, with Judge Sequerah turning to the relationship between Jho Low and ex-PM Najib Razak. He says evidence showed Jho Low played a pivotal role in securing a key part of the 1MDB financing, noting that US$700 million went into Good Star's account instead of the joint venture company, and that attempts by the accused to distance himself from Jho Low cannot succeed given his reliance on Jho Low in critical 1MDB matters. 🧵21
"It is implausible that on three separate occasions in 2009, 2010 and 2013, the accused (Najib) and his family coincidentally found themselves holidaying aboard yachts with Jho Low. Prince Tarek Obaid and others central to the 1MDB transactions," Sequerah says. He adds that the repeated holidays undermined attempts by Najib to portray the relationships as incidental. 🧵22
"The hard facts staring directly in the face of this court, given the presence and involvement of Jho Low at critical phases of 1MDB transactions and his obvious proximity to the accused, lead to only one reasonable inference," Judge Sequerah says. "That is Jho Low operated as the proxy, conduit, intermediary and facilitator of the accused in the affairs of 1MDB. 🧵23
Judge Sequerah says the evidence showed the accused convened meetings at his private residence, allowed Jho Low to orchestrate strategy, and personally instructed KPMG to sign off on 1MDB's 2013 accounts without documentation. He also notes the sidelining of the then second finance minister, who raised concerns over feasibility studies and PetroSaudi but was told by Najib Razak: "From today onwards, you don't get involved." 🧵24
The court has adjourned for Friday prayers and will resume at 3pm. Najib will perform his Friday prayers at the Kajang Prison, and will be brought back afterwards. 🧵25
Najib Razak has returned to the Palace of Justice. The court proceeding is set to resume at 3pm. 🧵26
The court is now in session. 🧵27
Judge Sequerah says the evidence showed that Najib was closely involved in and intimately aware of 1MDB's affairs, rejecting claims that he did not influence the board of directors and dismissing arguments that the charges were politically motivated. He adds that on Sept 26, 2009, Jho Low was present and handed his phone to PW15 (Mohd Bakke Salleh) saying "boss on the line", with the joint venture executed days later and US$700 million of the US$1 billion transferred from 1MDB diverted to a company later found to be under Jho Low's control. 🧵28
Judge Sequerah says the transfer of US$1 billion from 1MDB was carried out without Cabinet scrutiny, adding that the actions showed the accused, Najib Razak, validated the misappropriation of funds and acted as the de facto decision-maker in his capacity as prime minister and finance minister. He adds that evidence showed the accused intervened in the purported PetroSaudi joint venture, and that without his authority, the transfers enabling the misappropriation would not have taken place. 🧵29
Judge Sequerah says evidence from PW47 (Adam Ariff) showed the money trail led to accounts belonging to the accused, Najib Razak, rather than to Shahrol, with the transfers carried out through the directives of Jho Low. He adds that this further supported the finding that the misappropriated funds flowed to the accused under Jho Low's direction. 🧵30
The High Court finds that the prosecution has proven its case beyond reasonable doubt on the first charge. Najib Razak is convicted under Section 23(1) of the MACC Act. 🧵31
Judge Sequerah says a meeting involving Goldman Sachs' Tim Leissner, former prime minister Najib Razak and Jho Low discussed energy sector collaboration, adding that the evidence showed Jho Low played a pivotal role in securing the IPIC guarantee and acted as the alter ego of the accused (Najib). "The irresistible evidence is that the accused abused the power of trust vested in him," he adds. 🧵32
Najib has been convicted on a second charge of abuse of power. "The prosecution proved its case beyond a reasonable doubt," said Judge Sequerah. 🧵33
Najib is convicted on the third charge of abuse of power “The accused (Najib), and the accused alone, was the sole decision maker behind 1MDB,” said Judge Sequerah. 🧵34
“For all the wrongdoings attributed to Shahrul, there’s no evidence that he benefited from the wrongdoings. “It was all done for the benefit of the accused (Najib),” added Sequerah. 🧵35
Najib is convicted on the final charge of abuse of power. "The accused (Najib) acknowledged the US$250 million loan and signed documents showing he was aware of the funds," Judge Sequerah said. 🧵36
Sequerah ruled that the evidence showed Najib was deeply involved in key decisions and instructions. He rejected suggestions that Jho Low was merely "walking a thin line", and finding instead that he acted boldly with the sanction and backing of the most powerful man in the country at the time. 🧵37
The judge will now proceed with the 21 counts of money laundering. 🧵38
On the money laundering charges, Judge Sequerah rejects the defence's challenge to the money trail evidence. "The defence's challenge to the money trail report is without basis and unmeritorious, and this court sees no reason to depart from the similar findings made at the close of the prosecution's case," he says. 🧵39
Judge Sequerah says evidence showed confirmed transfers involving Najib Razak, including funds moved into a Tanore-linked account in 2013 and an AmBank Islamic account, supported by documentary records and confirmations from relevant entities. "The prosecution has convincingly demonstrated the funds credited into account 9694, can be traced to unlawful transfers," he added. 🧵40
Judge Sequerah says it was undisputed that funds were remitted into the accused’s accounts, with the defence only disputing the source by maintaining it was from another donation. “This was not chicken feed. The sums involved were staggering,” he says, adding that the Arab donation explanation cannot withstand scrutiny. 🧵41
Mitigation submissions are now underway. Defence counsel Shafee Abdullah says Najib has not "wasted his time" in prison, and is undertaking a PhD programme with UKM. "In his mind, he is still thinking about the development of Malaysia," he added. 🧵42 https://t.co/PIIV7Wnrek
"Najib has never been convicted of any offence, even of a minor traffic offence throughout his service. "Under his leadership, Malaysia saw major economic reforms," said Shafee. 🧵43
Shafee is citing the SRC case, pointing to how Najib's sentence was reduced, saying it was not because Najib sought a pardon. "My argument is that the Yang di-Pertuan Agong accepted the sole reason we submitted - that he was not given a fair trial," he adds. 🧵44
Shafee says Najib has been subjected to relentless trials, adding that royal clemency granted in the SRC case aligned with Najib’s service and reputation. “He was a prime minister, and at most he was seen as the ultimate figure at the Finance Ministry,” Shafee says, arguing Najib genuinely relied on the 1MDB board, while others including Jho Low, Shahrol Halmi, Hazem Abdul Rahman and Jasmine Loo have yet to face equivalent accountability. 🧵45
Shafee argues that Najib never took money for personal gain. "All the money he used during elections was for political, welfare or CSR purposes." 🧵46
Shafee says the prosecution has yet to explain where the RM620 million went, adding that Najib had returned the money. He also raises Najib's health condition, citing a past case where a sentence was reduced by 50% on medical grounds, and asks the court to consider Najib's age of 71. 🧵47
Shafee says Najib suffered a serious bleeding ulcer during one of the trials, with his haemoglobin level dropping to a life-threatening point that risked a stroke or heart attack. "Until today, he continues to suffer from severe hypertension requiring hospitalisation, knee pain affecting both knees, and has been on medical leave following eye surgery," he adds. 🧵48
Shafee says Najib will appeal against the ruling, adding that final mitigation submissions will be made at a later stage. He also argues that if sentence is imposed today, the 1 MDB sentence should be allowed to run concurrently with the SRC case. 🧵49
Shafee says the defence is not seeking a stay of imprisonment in this case, noting that Najib is already serving a sentence in the SRC case and that the defence intends to study the full grounds of the decision. He adds that if fines under the 1MDB verdict are not paid, the sentences should be ordered to run concurrently. 🧵50
In concluding mitigation, Shafee urges the court to show mercy, saying mercy is the "fountain of justice", and asks for fairness in sentencing. He adds that any custodial term imposed on Najib Razak should be minimal. 🧵51
Shafee asserts that Najib did not interfere in any investigations, and contrasts this with claims that Prime Minister Anwar Ibrahim interfered in investigations leading to Najib's conviction. "We have a complaint against the investigation. He was never given the time or day to rebut, and after his statement was taken, he was immediately charged. " 🧵52
Lead prosecutor Ahmad Akram Gharib, says the offences caused severe and lasting damage to Malaysia, adding that the status of Najib Razak, as prime minister and the scale of the sums involved make the case peculiar in nature. The prosecution proposes the maximum sentence of 20 years' imprisonment for each abuse-of-power charge. 🧵53
On fines, the prosecution proposes that penalties be calculated at five times the value involved for each abuse-of-power charge against Najib Razak. This would amount to RM330 million for the first charge, RM450 million for the second, RM10 billion for the third, and RM220 million for the fourth. 🧵54
Another prosecutor, Kamal Baharin Omar, proposes sentences of 2 years and 6 months for each of the first nine money laundering charges under AMLA, amounting to 270 months in total. In response, defence counsel Shafee argues the approach mirrors the SRC case and justifies concurrent sentences, disputing what he says was a misinterpretation by Nazlan Ghazali. 🧵55
Shafee questions the scale of losses linked to 1MDB, saying it is unclear how much was actually lost and arguing that recoveries exceeded losses. He adds that the oft-cited RM50 billion debt figure did not account for 1MDB assets, including about 500 acres of land in Sungai Besi. 🧵56
"You are just lifting a bit of the skirt, you are not revealing properly," Shafee says, disputing how the figures have been presented. He then apologised for making such a reference. 🧵57
“Many people are treating 1MDB as if it’s a b****** child. They forget that all of us are benefiting from the purchase of power plants from 1MDB,” Shafee says, defending the fund’s legacy during mitigation submissions. The court is now taking a quick break. 🧵58