Ex-PM Najib beats ex-DPM Anwar's record in terms of prison sentence after conviction for corruption charges - when he was found guilty for all 7 offences, and was sentenced to 72 years in prison - He will be imprisoned for 12 years, simply because the Judge decided that all sentences are to run concurrently, that means at the same time. If it was to run consecutively, that is one after the other - he will be in prison for 72 years.
Many have gotten the wrong impression that Najib was only sentenced to 12 years imprisonment, but in truth, he was found guilty on all 7 charges, and was sentenced to 10 years for each of the 3 criminal breach of trust offence, 10 years for each of the 3 money laundering charges, and for the abuse of power charge, he was sentenced to 12 years in prison plus RM210 million fine.
As the judge later ordered that all prison sentences are to run concurrently(at the same time), the maximum time Najib will spend in prison will be 12 years. However, for good behaviour, etc, the prison sentences will normally be reduced and he will be freed much sooner - it could be reduced by one third(or even more), which means Najib may only have to spend 8 years in prison if he fails in his appeals.
For the three criminal breach of trust offences under Section 409 of the Penal Code, he ordered Najib to serve 10 years for each count.
Najib was also ordered to serve 10 years jail for each of the three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
This decision breaks ex- Deputy Prime Minister Anwar Ibrahim's record - for in April 1999, he was also found guilty of 4 corruption charges, and was sentenced to 6 years imprisonment for each of these charges. Again, there the Judge ordered that all sentences to run concurrently, meaning he just had to spend 6 years in jail.
Anwar was sentenced to six years on each of the four charges. The
sentences were to run concurrently, according to one of Anwar's defense
attorneys, Pawancheek Merican.
Anwar appealed - but he failed to overturn his conviction and sentence for these corruption charges.
Attention of many were focused on the sodomy charge. On Aug. 8, 2000 - Anwar is found guilty and is sentenced to nine years prison for sodomy, to be served consecutive to his six year term for corruption.This meant that the 9 year term will only begin after the six years imprisonment for corruption ends.
On July 10, 2002, Anwar loses final appeal at the Federal Court on his corruption conviction.
However, on September 2004, the three-person Federal Court bench reached a 2-1 majority decision in the Sodomy case when they allowed the former deputy prime minister’s appeal and overturned the conviction and nine-year jail term yesterday regard the sodomy charge.
By this time, he had already served his imprisonment for corruption, and as such he was freed when the Federal Court quashed his sodomy conviction.
Anwar later in 2004 did try again to review and quash his corruption conviction, but failed.
Malaysian law bars the convicted for a further 5 years after serving their prison sentence from contesting in elections. He could not contest in GE12 in March 2008.
After this 5 year ban expired, Anwar contested in August 2008 and wins the Permatang Pauh by-election. Wan Azizah, the incumbent, resigned to make possible this by-elections.
But, at that time, the 2nd Sodomy charged had emerged, and he was charged in court a few days before the Permatang Pauh by-elections. In January 2012, the High Court finds Anwar not guilty and acquits. Then the Court of Appeal, overturned that decision and convicts Anwar for sodomy, and sentences him to 5 years prison in March 2014. The Federal Court upholds Anwar's conviction and jail sentence on February 2015.
When PH came into power, the King pardons Anwar - reducing his sentence, and immediately freeing him. The pardon also removed the 5 year bar, and Anwar then contested in the Port Dickson by election(when his party MP resigned), and he became the PD MP.
NAJIB - Many are not happy with the sentence - they want a longer prison term - well, the Court of Appeal can do that. Najib's sentenced now have been stayed pending his appeal to the Court of Appeal - and that is why he is not in prison now.
ANWAR - Really, he must still try to get the Federal Court to review his corruption conviction - failing which the fact remains that he been convicted of corruption.
A ROYAL PARDON can never overturn a court's finding of GUILT - A pardon can really only reduce the sentence, and/or set free a person. It could have the effect of removing the Bar from contesting in elections, and even holding positions in political parties. As such, if Anwar is truly not guilty, he needs to continue his struggle in court to right the wrong...
Come GE15, personally I would prefer to have the choice of an ALTERNATIVE coalition of opposition parties led by a person who has never been convicted for corruption.
Najib sentenced to 12 years' jail, RM210 million fine
KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak was sentenced to 12 years' jail and fined RM210 million after he was found guilty of all seven charges related to the misappropriation of RM42 million of SRC International funds.
High Court judge Mohd Nazlan Mohd Ghazali sentenced Najib to the jail term and fine for the offence related to abuse of power under Section 23 of the MACC Act 2009.
For the three criminal breach of trust offences under Section 409 of the Penal Code, he ordered Najib to serve 10 years for each count.
Najib was also ordered to serve 10 years jail for each of the three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
However, he ordered that all the sentences run concurrently. This means Najib will only serve a total of 12 years' jail.
He would have to serve an additional five years if he fails to pay the fine.
Mohd Nazlan later granted Najib a stay of execution pending his appeal to the Court of Appeal. The judge, however, ordered Najib to pay an additional RM1 million in bail to top-up the RM1 million he already paid when he was charged.
The former prime minister was ordered to pay the RM1 million by tomorrow. The judge also ordered Najib to report to a police station of his choice on the first and 15th of every month.
Najib's lead counsel, Tan Sri Muhammad Shafee Abdullah, told the court his client would pay up before the end of the day tomorrow.
In sentencing the 67-year-old Pekan Member of Parliament, Mohd Nazlan said he had taken into consideration public interest as well as contributions made by the former top leader of the country to the nation's development.
Earlier in the morning, Mohd Nazlan convicted Najib of all seven charges he faced.
He ruled that the defence had failed to raise any doubt against the prosecution's case on all the charges.
Mohd Nazlan took apart all the arguments put forward by the defence, concluding that all the evidence pointed towards the accused's guilt.
On the abuse of power charge, he said Najib's defence of blaming others, including fugitive businessman Low Taek Jho @ Jho Low, was not valid.
He said pointing the finger at others, as was Najib's main defence, did not absolve him of blame.
On the defence's argument that Najib did not manage his own accounts, the judge said it was illogical as the accused had been issuing cheques and therefore must shoulder the responsibility.
He said Najib knew of transactions involving his bank accounts, but intentionally withheld this information. He said Najib had also failed to take any action against his banks if there had been any wrongdoing committed by the financial institutions.
"There was never any indication of wrongdoing," he said. - New Straits Times, 28/7/2020
SRC Trial: Najib sentenced to 12 years in jail, fined RM210m
Najib is the first prime minister in the country charged and found guilty.
KUALA LUMPUR (July 28): Former premier Datuk Seri Najib Razak was today sentenced by the High Court to 12 years in jail and fined RM210 million.
This follows Justice Mohd Nazlan Mohd Ghazali finding the Pekan member of Parliament guilty of all seven charges, which include one for abuse of power involving the Retirement Fund Inc's (KWAP) RM4 billion loans to SRC International Sdn Bhd, three counts of criminal breach of trust (CBT) involving RM42 million and three counts of money laundering.
Najib is the first former prime minister in the country to be charged in court and sentenced to jail.
He said the accused held a position of trust and was found to have betrayed the trust of the public.
The judge said the 12 years' imprisonment and RM210 million fine are for abuse of power, while the three CBT charges carry a sentence of 10 years' jail each. Meanwhile, the money laundering charges carry a 10-year prison sentence each.
"The sentences are to run concurrently," he said.
Justice Mohd Nazlan said if Najib fails to pay the fine of RM210 million, he faces another five years in jail.
However, after submissions by the defence and the prosecution, the judge allowed a stay of the sentence and fine.
"The bail, however, is raised by another RM1 million [to make it RM2 million] and he has to report to the nearest police station every 1st and 15th of the month. The additional bail has to be paid by tomorrow afternoon," Justice Mohd Nazlan ruled.
'Defence failed to raise reasonable doubt'
Earlier today, after reading out Najib's guilty verdict over two hours and 10 minutes, Justice Mohd Nazlan said the defence had failed to create doubt about the prosecutions concerning all seven charges against Najib.
In his judgement, he said Najib had made no attempts to recover the RM4 billion loans given by KWAP, which were transferred to Switzerland immediately after the loans were released in 2011 and 2012, as he did not give permission to then second finance minister Datuk Seri Ahmad Husni Hanadzlah to go there and help recover it.
Justice Mohd Nazlan also noted that while the former premier admitted that the RM42 million was from SRC, he made no attempts to return the money.
The judge also downplayed the former premier's assertion that he thought the RM42 million was part of a donation from the late Saudi Arabian monarch King Abdullah Abdulaziz Al Saud.
Justice Mohd Nazlan further questioned the authenticity of the four letters, especially the last one, produced by the defence, which was said to be from the Arab prince recognising the donation.
This followed Najib's defence witness, former minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom, testifying that the purported meeting with the Saudi King took place in 2010, and that the money only came in 2013.
Hence, the judge questioned the argument put forth by the defence and former premier that Najib thought the RM42 million he used up in December 2014 and February 2015 was still part of the Arab donation.
Charges on the former premier
Najib faced three CBT charges as a public servant and agent of the government, namely the prime minister, finance minister and SRC adviser emeritus, for allegedly misappropriating RM27 million and RM5 million in December 2014 and an additional RM10 million in February 2015.
The funds were found to be part of the RM4 billion loans, which were granted in two tranches of RM2 billion each, extended by KWAP to SRC.
The three charges were framed under Section 409 of the Penal Code, which provides an imprisonment for up to 20 years, with whipping and a fine upon conviction.
On the abuse of power charge, Najib as prime minister and finance minister was accused of using his position to commit bribery involving RM42 million through his participation or involvement in the decision to provide government guarantees for the RM4 billion loans granted by KWAP to SRC.
He was charged with committing the offence at the Prime Minister's Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011 and February 8, 2012. For this, Najib was charged under Section 23 of the Malaysian Anti-Corruption Commission Act 2009.
If convicted under Section 24 of the Act, Najib would face up to 20 years of imprisonment, and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.
He was also charged with three counts of money laundering under
Section 4 of the Anti Money Laundering, Anti Terrorism Financing and
Proceeds from Unlawful Activity Act 2001.- Edge Markets, 28/7/2020
Malaysia's Anwar found guilty on corruption charges
April 14, 1999
Web posted at: 1:36 a.m. EDT (0536 GMT)
KUALA LUMPUR, Malaysia (CNN) - Malaysia's sacked deputy prime minister Anwar Ibrahim was found guilty of four corruption charges and sentenced to six years in jail Wednesday -- a decision which could prompt mass street demonstrations.
Anwar was charged last September and went to trial in November in a controversial legal battle that divided the nation.
"I have been dealt a judgment that stinks to high heaven," Anwar said in a statement which he read in the capital's High Court after he was convicted.
Anwar was sentenced to six years on each of the four charges. The sentences were to run concurrently, according to one of Anwar's defense attorneys, Pawancheek Merican.
"It's not over yet," the attorney said.
Each of the charges carried a maximum of 14 years in jail and a 20,000 ringgit ($5,000) fine. The conviction bars Anwar from returning to politics for at least five years upon his release.
"This is an absolute disgrace. An interpretation of corruption which is ridiculous, nauseating in fact when one considers how in Malaysia billions of ringgit of the people's money are being squandered by its leaders to save their children and cronies," Anwar said.
"The charges are part of a political conspiracy to destroy me and ensure (Prime Minister) Datuk Seri Dr. Mahathir Mohamad's continued hold on power at whatever cost, even if it means sacrificing whatever little is left of the judiciary's integrity," he said.
During the five-and-a-half month trial, the judge barred Anwar from arguing that he was the victim of a conspiracy led by Mahathir and political associates.
"They have made greed and unethical behavior their private domain, rendering themselves above the law," Anwar said.
"Right from the beginning, I had no hope whatsoever that I would be tried fairly. I have no hope of justice."
Anwar was convicted of ordering police in 1997 to obtain retractions from two people who had accused him of sex crimes.
After he sacked his former deputy in September, Mahathir called Anwar morally unfit.
The convicted former minister said Mahathir gave him an ultimatum in September to resign from the Cabinet or be charged with crimes.
"That was the ultimatum the prime minister gave on the morning of the second of September 1998. Isn't this corruption? The prime minister uses the judiciary as a tool to exert political pressure," Anwar said.
"All the instruments of government including the attorney- general's office, the police and indeed the judiciary are under the prime minister's thumb."
Mahathir has denied that there was a political conspiracy against Anwar and accused his former deputy of trying to spark riots to topple his government.
Philippine President Joseph Estrada said he was saddened by the conviction. "It's very unfortunate and what happened is saddening," Estrada said in a radio interview, adding: "If he really is innocent, then the day will come that his name will be cleared."
The Lawyers Committee for Human Rights, in a statement from New York, said the conviction "is the result of two decades of attacks on the once-independent judiciary by the government of Prime Minister Mahathir Mohamad."
Anwar's wife, Azizah Ismail, came out of the courtroom briefly after the verdict, but declined to comment. Looking calm, she held her finger to her lips and walked back to the courtroom.
CNN Correspondent Lisa Barron reported from outside the court that an audible gasp went up among protesters when the sentence was announced.
She said it was now expected that many of the demonstrators would look to Anwar's wife for guidance on how to react. Azizah has become the de facto leader of the opposition movement in Malaysia since her husband's jailing.
Anwar, finance minister since 1991 and deputy prime minister since 1993, still faces another corruption charge and five counts of sodomy. His lawyers said they intend to immediately appeal.
During the bizarre trial, which ran for 78 days, the judge listened to 23 prosecution witnesses and 22 from the defense. The state argued that Anwar was a corrupt adulterer. A mattress said to contain Anwar's seminal fluids was dragged into the courtroom and key witnesses testified he had sex with women and men; his former driver said he was Anwar's "sex slave."
The defense argued that Anwar was a devout Muslim, innocent of all charges and the victim of a political conspiracy to eliminate his challenge to Mahathir's 18-year leadership.
Ahead of the decision, 500 supporters of Anwar defied a police order to disperse and shouted anti-government slogans.
Two police water cannon trucks and about 50 riot police with helmets, shields and batons faced the crowd which shouted "Reformasi" (reform) and called for Mahathir to step down after 18 years in power
Anwar, who has been in detention since his arrest in September, arrived at the High Court at 8:30 a.m. (0030 GMT) in a police jeep.
Authorities fear the conviction could trigger fresh protests by Anwar's supporters, who took to the streets after his arrest in September in an unprecedented challenge to Mahathir's rule.
Days after he was fired. Anwar launched a nationwide tour calling for Mahathir's resignation. From initial crowds of several hundred people in the backyard of his residence, Anwar mobilized tens of thousands of activists within two weeks.
Dozens of paramilitary troopers and riot police encircled the Moorish style court building in the heart of the capital.
About a dozen patrolled a mosque across the river from the courthouse where protesters gathered on Tuesday night, defying a police warning.
Police pushed news photographers and cameramen, some stationed for hours in hopes of getting a shot of Anwar, away from one entrance to the court before the former minister arrived.
A photographer for an international news agency was detained by police when he refused to move.
On Tuesday evening, about 300 Anwar supporters shouting "Reformasi" (reform) and anti-government slogans defied a police warning and gathered outside the mosque near the courthouse.
Paramilitary troopers wielding batons broke up the demonstration after protesters, mainly students, refused to disperse. At least two people were detained. There were no reports of injuries.
It was the first anti-government street demonstration in several months in the capital.
The prosecution in Anwar's trial alleged he abused his power in 1997 as then-deputy prime minister and finance minister by directing police to obtain retractions from two people who accused him of sex crimes.
Anwar says the charges, as well as a fifth corruption count and five sodomy counts on which he has not yet been tried, are part of political plot against him.
Anwar is credited as being an economic wizard and was widely respected by regional governments. - CNN, April 14, 1999
Anwar's journey: 20 years of trials and triumphs
Today marks the 20th anniversary of Anwar Ibrahim's arrest after he was sacked as deputy prime minister on September 2, 1998.
His dismissal, arrest and incarceration sparked the Reformasi movement which spawned a generation of activists, many of whom today have become elected representatives in the new Pakatan Harapan government are civil society leaders.
No one individual can claim credit for the country's historic transition to a "Malaysia Baru" after 61 years of BN's hegemonic power but the movement for change was built upon decades-long of dissent and activism.
Malaysiakini compiles here key events in the last 20 years that culminated in the historic outcome on May 9 general election.
Sept 2, 1998 - Prime Minister Dr Mahathir Mohamad sacks his deputy Anwar Ibrahim on claims of corruption and sodomy.
"I have been given an ultimatum... either to resign or face the consequences of being sacked and the possibility of charges levelled against me... but I made it clear in no uncertain terms that I am not prepared to submit to this political conspiracy to undermine my position and defeat me through nasty schemes." - Anwar Ibrahim (Sept 3, 1998).
Sept 4, 1998 - Anwar is sacked as Umno deputy president and expelled from the party.
"I was convinced and I consider that he was not qualified to lead the country, not because of his differences with me over politics or economic practice but because his character does not qualify him to become a leader of a country like Malaysia.
"What
I said is based on facts. I don't do this to a person who has been
literally brought up by me to succeed me - my friend. Why should I do it
to him. I have loads of enemies and I would like to
do that to my enemies. I don't choose my friend, I don't choose an
accusation that is so difficult to explain and so difficult for the
people to accept." - Dr Mahathir Mohamad (Sept 8, 1998).
Sept 20, 1998 - Anwar leads thousands in protest on the streets of Kuala Lumpur, calling for Mahathir's resignation. He is arrested under the Internal Security Act at his home on the same night. More protests erupt in the following days.
Sept 29, 1998 - Anwar appears in court to face charges of corruption and sodomy with a black eye.
Sept 4, 1999 - Anwar's wife Wan Azizah Wan Ismail and supporters form Parti Keadilan Nasional to contest in the coming general election.
April 14, 1999 - Anwar is convicted of corruption and sentenced to six years in prison.
Nov 29, 1999 - Opposition makes gains in the 10th general election but fails to shake BN's dominance.
Aug 8, 2000 - Anwar is convicted of sodomy and sentenced to nine years in prison.
April 29, 2001 - The Court of Appeal upholds Anwar's corruption conviction.
July 10, 2002 - Anwar loses final appeal at the Federal Court on his corruption conviction.
April 18, 2003 - The Court of Appeal upholds Anwar's sodomy conviction.
Aug 3, 2003 - Parti Keadilan Nasional merges with Parti Rakyat Malaysia to form PKR.
Oct 31, 2003 - Mahathir steps down as fourth prime minister, hands power to Abdullah Ahmad Badawi.
March 21, 2004 - BN wins a landslide victory in the 11th general election, buoyed by new leadership under Abdullah.
Sept 2, 2004 - Anwar freed after Federal Court acquits Anwar of sodomy.
"Thank God that it is over. But I remain committed with my struggle for justice... I also give credit to the prime minister". - Anwar Ibrahim (September 2, 2004)
Nov 10, 2007 - Thousands participate in the Bersih rally in Kuala Lumpur organised by opposition parties to demand electoral reform. Police respond with water cannon and tear gas.
Nov 25, 2007 - Thousands of ethnic Indians protest against marginalisation in the Hindraf rally in Kuala Lumpur. Police crackdown again.
March 8, 2008 - Faced with a five-year ban from politics due to his past conviction, Anwar acts behind the scenes to negotiate direct fights between opposition parties against BN in the 12th general election. BN loses two-thirds majority in the Dewan Rakyat in its worst performance in history.
April 2, 2008 - Pakatan Rakyat comprising PKR, DAP and PAS formed.
April 14, 2008 - Anwar's five-year ban on politics expires. 20,000 people gather at the "Black 14" rally to welcome his return to politics.
June 24, 2008 - Mohd Saiful Bukhari Azlan meets Deputy Prime Minister Najib Abdul Razak at his residence.
June 28, 2008 - Saiful lodges police report alleging he was sodomised by Anwar.
July 16, 2008 - Cops arrest Anwar who was travelling in a vehicle near his home.
Aug 7, 2008 - Anwar charged with sodomy, pleads not guilty.
Aug 26, 2008 - Anwar wins the Permatang Pauh by-election.
March 26, 2009 - Najib Abdul Razak takes over as the sixth prime minister.
July 9, 2011 - Civil society takes over Bersih, organises Bersih 2.0 rally. Police crack down on tens of thousands of protesters.
Jan 9, 2012 - The Kuala Lumpur High Court acquits Anwar in the Sodomy II case.
April 28, 2012 - Police violently cracks down on the Bersih 3.0 rally which saw around 100,000 protesting for electoral reforms.
May 5, 2013 - Pakatan Rakyat captures 52 percent of the popular vote in the 13th general election. BN performs worse than the last general election but retains power.
March 7, 2014 - Court of Appeal overturns Anwar's acquittal, sentences him to five years in prison.
Feb 10, 2015 - Federal Court upholds Anwar's conviction and jail sentence.
"Going to jail, I consider a sacrifice I make for the people of this country. I have fought most of my life on behalf of the people of this country - for the people I am willing to go to jail or face any other consequence. My struggle will continue, wherever I am sent and whatever is done to me.
"To my friends and fellow Malaysians let me thank you from the bottom of my heart for all the support you have given me. And Allah is my witness. I pledge and I will not be silenced, I will fight on for freedom and justice and I will never surrender." - Anwar Ibrahim (Feb 10, 2015)
June 16, 2015 - Pakatan Rakyat disintegrates.
July 2, 2015 - International media report billions of ringgit from 1MDB ended up in Najib's bank accounts.
July 28, 2015 - Najib blocks investigation into him, sacks dissenting ministers.
Aug 29, 2015 - Hundreds of thousands protest at the Bersih 4 rally, now also training their sight on Najib's 1MDB corruption scandal that spans the globe.
Sep 22, 2015 - Pakatan Harapan formed, comprising PKR, DAP and PAS splinter Amanah. Bersatu joins the coalition later.
Feb 29, 2016 - Mahathir quits Umno, vows to unseat Najib as prime minister.
March 4, 2016 - Mahathir joins forces with opposition to make the Citizen's Declaration calling for Najib's ouster on grounds of corruption.
May 17, 2016 - Anwar in a letter from prison expresses concern about the opposition working with Mahathir.
Sept 5, 2016 - Mahathir meets Anwar at the Kuala Lumpur High Court after 18 years as enemies. He seeks for Anwar's help to unseat Najib.
Sept 8, 2016 - Mahathir leads newly formed Umno splinter party Bersatu.
Nov 19, 2016 - Bersih 5 rally.
July 14, 2017 - Mahathir appointed as Pakatan Harapan chairperson, Anwar as the de facto leader.
Jan 7, 2018 - Mahathir named by Pakatan Harapan as its prime ministerial candidate. He agrees to hand power to Anwar after a "couple of years" if Harapan wins. Anwar's daughter Nurul Izzah reads out a letter from her father consenting to the arrangement.
Jan 10, 2018 - Mahathir tries to meet Anwar at Cheras Rehabilitation Hospital but is denied by authorities. Mahathir says he wanted to thank Anwar for supporting him as the prime ministerial candidate.
May 9, 2018 - Harapan captures Putrajaya, ends BN's 61 years in power. Najib calls a still-imprisoned Anwar who is undergoing treatment in a hospital to work out an "arrangement", Anwar declines and refers him to Mahathir.
May 10, 2018 - Mahathir is sworn in as the seventh prime minister.
May 16, 2018 - Anwar is granted full royal pardon and released from detention ahead of the end of his sentence on June 8.
"Let bygones be bygones, I have genuinely forgiven him (Mahathir). This strength and unity by PKR, DAP, Bersatu and Amanah with the people are one of the ways that we can save this country from oppression and corruption... What more do we want out of Mahathir? He had said it was a mistake to sack me... People said words are easy but Anwar was beaten half dead and imprisoned. That was the past, it was me on the receiving end and I have forgiven, so you too should let bygones be bygones." - Anwar Ibrahim (May 26, 2018)
Aug 5, 2018 - Anwar formally takes over as PKR president after winning the position uncontested.
Sept 12, 2018 - PKR's Port Dickson MP Danyal Balagopal Abdullah resigns to pave way for a by-election for Anwar's return to the Dewan Rakyat.
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