What's Next For Najib?

Can Najib still overturn his sentencing? The TLDR: Yes.

In her verdict, Chief Justice Tengku Maimun brought up a number of reasons why the Federal Court upheld Najib's sentence. One of the more glaring points was the fact that Najib's counsel refused to make any submission on the 94 grounds, when given the opportunity to do so.

The hearing that lasted 6 days saw Najib's lead defense lawyer Hisyam Teh making various efforts to adjourn the case. He discharged himself, requested for more time to file fresh submissions, and even tried to recuse the Chief Justice from the case. All of these attempts failed, and Najib was subsequently sent to the Kajang prison. He was sentenced to 12 years in jail, and an RM210 million fine, with 5 years added upon his sentence if he defaults on the fine.

However, constitutional lawyer New Sin Yew told BFM that Najib still has two more options left: a royal pardon, and an application for the Federal Court to review the verdict that was given. Read more to find out how they work.

1. A Royal Pardon

Constitutional lawyer New Sin Yew told BFM that Najib can apply for a royal pardon, if he wants to keep his current Parliamentary seat. The Yang di-Pertuan Agong, who sits on the Executive branch of government, can pardon the sentence that has been meted out to the former PM. 

“A petition for pardon must be done within the next 14 days, if not, he will be disqualified as a member of Parliament. Currently, his status as Pekan MP is intact. 

If the petition for the pardon is filed and accepted, he will remain as an MP, and depending on what the pardon says, he can also be free from all the sentence that has been meted out against him.” 

2. A Review Of The Verdict

Najib can also file for a review of the case, an application to the same apex court to reconsider its decision. It will be heard by a different panel of judges. 

However, reviews rarely succeed and it’s only allowed in very limited circumstances. Sin Yew explained what those circumstances are.

“For example, when there’s a breach of natural justice, like he has been denied a fair hearing or there has been a conflict. 

And that, if allowed, will have the effect of overturning the decision that has been made today.

Until then, Najib will have to serve his sentence,” New Sin Yew told BFM.

What are your thoughts about Najib Razak's options? Listen to the full podcast with lawyer New Sin Yew here.