KUALA LUMPUR – Datuk Seri Najib Razak may have begun his 12-year prison sentence after being found guilty of seven charges relating to SRC International’s RM42 million, but the beleaguered former prime minister could potentially spend much longer being locked up.
This is owing to his four other trials over alleged involvement in the multi-billion ringgit 1Malaysia Development Bhd (1MDB) financial scandal, where he faces dozens of charges.
According to Section 292(1) of the Criminal Procedure Code, a jailed person who is undergoing time behind bars and later sentenced to further imprisonment for a separate case, may be ordered to begin his latest sentence only upon the expiration of his ongoing one.
However, the provision stipulates that the court may also decide if the new sentence can commence immediately.
In Najib’s case, this effectively means that, should he be found guilty in any of his four remaining 1MDB-related trials, judges will have full discretion in deciding whether he can serve his sentences concurrently or consecutively.
The Vibes helps break down potential scenarios that the Pekan MP could face, as he begins life behind bars.
Possible sentences: concurrent or consecutive?
One possible instance for Najib is if the court decides, in any of his remaining cases, that he is guilty, sentences him to 10 years in jail and that he shall serve it only upon the expiration of his current sentence.
Since he just started his 12-year prison term, this means his decade-long new sentence could only commence in 2034.
Should he, during this period, be found guilty of further crimes in his other trials, more years could be added to his incarceration. Granted, he could be out earlier on a royal pardon, taking into consideration good behaviour, among others.
Alternatively, if the courts decide to order Najib to serve his different sentences concurrently, he will be a free man once he completes them, whichever one comes later.
However, he would still have to serve his 12-year jail term for the SRC conviction even though he may get shorter sentences in the other trials if found guilty.
Should the court decide, in one of his other trials, that Najib spend 20 years in jail, then the Umno man, while carrying his sentences out concurrently, will stay behind bars for two decades, beginning the date of its commencement.
Speaking to The Vibes, legal expert Assoc Prof Abdul Rani Kamarudin said, in delivering its decision on whether to issue a consecutive or concurrent sentence for different cases, the court will use its discretion based on the various mitigating and aggravating factors.
The International Islamic University Malaysia lecturer explained that if the judges are satisfied that Najib’s cases fulfil the one transaction principle – where two or more offences are deemed to have been committed in the course of a single act – then Najib could be given a concurrent sentence.
“But even if the court orders Najib to a consecutive sentence, it could decide to a shorter one if it feels that, when added up, the cumulative prison term is deemed to be too excessive.
“For the record, our Criminal Justice Act 1953 sets life imprisonment at 30 years. So, this might also be taken into consideration.”
Remaining trials, maximum sentences
Presently, Najib has two ongoing trials, one of them related to the misappropriation of RM2.3 billion 1MDB funds, where he faces four counts of abuse of power under Section 23 of the Malaysian Anti-Corruption (MACC) Act 2009 and 21 charges of money laundering under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
The offence under the MACC Act provides imprisonment up to 20 years, while the Amla offence grants prison term up to 15 years.
Another ongoing trial relates to the tempering of the 1MDB audit report, where it is charged under Section 23(1) of the MACC Act, which similarly carries a 20-year jail term.
On top of this, Najib has been slapped with six charges of criminal breach of trust involving RM6.64 billion of public funds for payments to International Petroleum Investment Co, an Abu Dhabi state investment arm, a co-guarantor of two 1MDB bonds.
For these, the former prime minister was charged under Section 409 of the Penal Code, and if found guilty, shall be punishable with imprisonment of between two and 20 years.
Finally, Najib also faces three additional charges of money laundering under Amla related to former 1MDB subsidiary SRC International Sdn Bhd.
Najib was sent to Kajang Prison on Tuesday to begin his 12-year sentence after the Federal Court upheld the high court’s guilty verdict. – The Vibes, August 28, 2022
