Ahmad Akram submitted that the sovereign wealth fund has been described internationally as “kleptocracy at its worst”, involving sophisticated cross-border transactions that caused enormous financial losses and inflicted severe and enduring economic and reputational damage on the nation. – Bernama photo
PUTRAJAYA (Dec 16): The prosecution today urged the High Court to impose a sentence with strong deterrent effect against Datuk Seri Najib Tun Razak in his RM2.3 billion 1Malaysia Development Berhad (1MDB) case, describing the scandal as one of the most serious financial crimes ever perpetrated in Malaysia.
Deputy Public Prosecutor Datuk Ahmad Akram Gharib submitted that the sovereign wealth fund has been described internationally as “kleptocracy at its worst”, involving sophisticated cross-border transactions that caused enormous financial losses and inflicted severe and enduring economic and reputational damage on the nation.
He stressed that public interest must be the paramount consideration in determining sentence, as the offences involved the misappropriation of public funds and continue to impose a heavy financial burden on the government.
Referring to the Parliamentary Hansard dated Dec 2, 2025, the prosecutor said Prime Minister Datuk Seri Anwar Ibrahim had disclosed that total liabilities arising from 1MDB amount to nearly RM50 billion, of which about RM42 billion has already been paid by the government, inclusive of principal and interest. Despite recovery efforts yielding RM29 billion, approximately RM13 billion remains outstanding.
“These facts underscore the profound and enduring harm caused by the offences,” he said adding that only a sentence reflecting the gravity of the crimes and containing strong elements of deterrence would uphold public confidence in the administration of justice.
Ahmad Akram further argued that Najib’s positions at all material times – as prime minister, finance minister and chairman of the 1MDB board of advisers – aggravated the seriousness of the offences, as he used his authority to influence the 1MDB board to carry out abnormal transactions with undue haste.
Citing the SRC International Sdn Bhd case, the prosecution noted that the High Court had previously affirmed the sanctity of the rule of law and the principle of equality before the law, holding that no individual, regardless of political power or position, is above the law.
In conclusion, the prosecution said the exceptional seriousness of the offences, the scale and impact of the wrongdoing, the abuse of the highest public offices, Najib’s prior convictions for similar offences, and overwhelming public interest considerations justified a sentence at the highest end of the permissible range.
On sentencing, Ahmad Akram added that, the sentence of imprisonment in this case shall run consecutively upon the expiration of the imprisonment to which he has been previously sentenced (SRC case) as to reflect the seriousness and gravity of the offences which the accused had committed.
The prosecution proposed that imprisonment for the four charges under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act run concurrently, and that sentences for the 21 charges under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFA) also run concurrently. However, the prosecutor submitted that sentences under the MACC Act and AMLATFA should run consecutively due to the distinct nature of the offences.
Describing the case as unprecedented, the prosecution said the status of the accused as a former prime minister and the billions of ringgits involved made it a case “never before seen and, hopefully, never again to be seen” in Malaysia.
Accordingly, on the four charges of abusing his power, Ahmad Akram urged the court to impose the maximum sentence of 20 years’ imprisonment for each count and a total of RM11.4 billion fine, or in default, 10 years’ imprisonment for each charge. Meanwhile, for the 21 charges under AMLA, the prosecutor sought the maximum custodial sentence of five years’ imprisonment and a fine to be determined by the court.
In light of the foregoing, the prosecution urged the court to impose a severe custodial sentence that commensurate with the gravity and seriousness of the offences committed, taking into account the circumstances of the case, the culpability of the accused and the need for deterrence.
“We also pray for the court to order that the sentence be served consecutively to the accused’s existing term of imprisonment and to decline any application for stay of execution pending appeal,” he said adding that, upon of the offences under the AMLATFA, the court is empowered to order the forfeiture of property derived from, or connected with, unlawful activity, or, where such property has been disposed of or cannot be traced, to impose a penalty equivalent to the value of the property.
In the context of the 1MDB case, the prosecution submits that the evidence demonstrates that substantial sums constituting proceeds of unlawful activity were transferred through multiple accounts, expended, layered, or otherwise placed beyond direct recovery. To permit the accused to avoid forfeiture on the basis that the property is no longer traceable would directly undermine the purpose and effectiveness of enforcement of anti-money laundering laws.
“Given the scale of the misappropriation in the 1MDB case, the enduring financial burden borne by the government and the difficulty in tracing all proceeds due to the manner in which the funds were moved and dissipated, the prosecution respectfully submits that an order under section 55(2) AMLATFA is not only appropriate but necessary in the interests of justice and public interest.
“Accordingly, the prosecution urges this court, upon conviction, to make an order pursuant to section 55(2) AMLATFA directing the accused to pay a penalty equivalent to the value of the proceeds of unlawful activity which have disposed of or cannot be traced as a sum to be recoverable as a fine.
Meanwhile, Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, submitted that his client, throughout his 47 years of public service, has never been convicted of any offence – not even a minor traffic violation.
“This honourable court may take judicial notice that he has served Malaysia at the highest levels with dedication and dignity, and that any sentence imposed upon him will, by virtue of his position, carry significant personal, reputational, and historical consequences.
“The accused stands before this court as a 72-year-old man who has spent nearly five decades in public service and now lives each day in confinement with dignity and cooperation. He has never absconded, never evaded process, and has shown deference to this court at every stage. Your Lordship, the accused seeks nothing but fairness.
“We therefore humbly urge that any custodial term imposed be the minimum permitted by law, that all terms of imprisonment run concurrently, and that any fines be imposed in accordance with his present means and personal circumstances.
“We submit that sentencing is not solely about retribution, it is also about proportionality, mercy, and the preservation of humanity within the law,” the lawyer said.
Apart from that, he further submitted that, Najib who is presently continuing his academic pursuits by undertaking a PhD programme with Universiti Kebangsaan Malaysia under an initiative facilitated by the Prison Department, has been subjected to an unprecedented RM1.69 billion tax demand, numerous prosecutions, and relentless public vilification.
“The cumulative weight of these burdens has already exacted the harshest toll on his life and legacy,” he said adding that, there is no evidence that the accused diverted funds for personal luxury or secret wealth as the overwhelming portion of the relevant funds was used for political, social, and welfare activities under the Barisan Nasional framework.
Najib, clad in a blue suit, appeared calm throughout the proceedings. Also present were his family members and supporters. – Bernama
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