PETALING JAYA: The 1Malaysia Development Bhd (1MDB) court verdict marks the conclusion of one of the longest and most closely watched trials in the country’s judicial history, say legal experts.
The fine is believed to be among the largest ever imposed on an individual in Malaysia, although confirmation of it being the largest requires official verification, they said.
Malaysian Bar president Datuk Mohamad Ezri Abdul Wahab said the verdict marks the conclusion of a lengthy and rigorous judicial process, and it must be assessed on the basis of the court’s reasons rather than public reaction.
“The magnitude of the fine flows from the statutory framework governing corruption and money laundering offences, which ties penalties directly to the sums involved,” he said when contacted yesterday.
The length of the judgment, he added, was a natural consequence of the complexity of the case, and the focus should remain on the quality, transparency and legal reasoning of the decision, which is subject to scrutiny through the appellate process.
On Friday, the High Court sentenced Datuk Seri Najib Razak to 15 years in jail and imposed a total fine of RM11.4bil after finding him guilty on four counts of abuse of power and 21 counts of money laundering involving RM2.3bil linked to 1MDB.
The verdict was handed down by Justice Collin Lawrence Sequerah, who previously presided over the 1MDB trial at the High Court. He has since been elevated to the Federal Court.
Justice Sequerah took about five hours to read his judgment and finished at 5pm after several breaks, including for Friday prayers.
For the four charges of abuse of power, the court sentenced Najib to 15 years’ imprisonment on each count, and imposed a total fine of RM11.4bil in default 40 years’ imprisonment.
Najib was also sentenced to five years’ jail on each of the 21 money laundering charges, with no fine imposed here.
The 72-year-old former prime minister will serve only 15 years in prison, as the judge ordered all jail sentences to run concurrently.
The judge also ruled that the sentence will only take effect after Najib completes his six-year prison term in the SRC International Sdn Bhd case involving the misappropriation of RM42mil, which ends on Aug 23, 2028.
Lawyer Azwan Mat Hussain said the RM11.4bil fine is among the largest ever levied on an individual in Malaysia.
He said sentencing in criminal law is guided by key principles such as retribution, deterrence, rehabilitation, proportionality, and public interest, and argued that financial penalties should be realistic and enforceable.
“The amount looks unrealistic and does not take into account the ability to pay and proportionality,” he said.
He added that a fine should serve as punishment and deterrence rather than be “symbolic” to the point of being impossible to fulfil, while the length of the sentence should not be seen as a measure of quality.
He added that the decision left unanswered questions in the 1MDB case, saying the ruling did not provide the clarity many had been waiting for.
Lawyer Lim Wei Jiet said the only recourse Najib has is to appeal this decision to the Court of Appeal.
“After that, similar to the SRC International case, he has one more final avenue of appeal to the Federal Court,” he said.
“The appeal is an automatic right, which he can exercise immediately by instructing his lawyers to lodge a notice of appeal to the Court of Appeal,” said lawyer Mohamed Haniff Khatri Abdulla.
He said an application for a stay of execution can also be made, although that was not of immediate importance at this juncture.
“This is because Najib is currently serving his prison sentence in the SRC International case.
“The question of imprisonment is not critical at this point,” he said.
Senior lawyer Datuk Baljit Singh Sidhu said the immediate step is to file an appeal within 14 days of the conviction and sentence.
Asked if the process to take the case to the Court of Appeal would take long, he said it should be heard within seven to eight months.
“That is provided the record of appeal is ready before the end of January,” he added.
Criminal lawyer Joshua Tay also agreed, saying Najib can appeal against the conviction and sentence.
“It is also possible for Najib to apply for a stay of sentence.”
Meanwhile, lawyer and politician Datuk Zaid Ibrahim praised the verdict but said that as an ordinary Umno member, he was disappointed by his party leaders, claiming there were inconsistencies with the explanation given to party members regarding the case.
