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Malaysia’s jailed ex-PM Najib may end up serving only eight years in prison, lawyers say

PETALING JAYA (THE STAR/ANN) -- Malaysia’s disgraced former prime minister Najib Razak may serve a much shorter period in prison than the 12 years’ jail sentence he received, even if he does not get a pardon soon, legal experts say.

Najib could face additional time in jail if he fails to pay the RM210 million fine imposed on him.     
 --Photo EPA-EFE

The veteran politician’s time in jail could be reduced by as much as four years for good behaviour, they said.
Najib has so far spent two nights in jail, after Malaysia’s apex Federal Court on Tuesday (Aug 23) upheld a July 2020 High Court verdict that he should be imprisoned for 12 years and pay a fine of RM210 million (S$65.3 million) for his role in a case involving a former unit of state fund 1Malaysia Development Berhad (1MDB).
He returned to court on Thursday morning for a hearing on another RM2.28 billion 1MDB embezzlement trial. Ahead of his court appearance, his daughter Nooryana Najwa said in an Instagram story late on Wednesday night that Najib was adapting to a new routine in Kajang Prison, which was a far cry from his usually packed schedule.
“Alhamdulilah, Daddy is in good health and his fighting spirit is still strong,” she wrote in the post. As a prisoner, Najib could display good behaviour and be considered for an automatic one-third “remission”, or reduction, of his jail term under the Prison Act 1995’s Section 44 and Regulation 43 of the Prisons Regulations 2000, according to senior criminal lawyer Geethan Ram Vincent.
This means that he would have to serve only eight years out of the 12-year jail sentence. He would not have to apply for remission as it would be an automatic consideration by the prison authorities, the lawyer added. But Najib could face additional time in jail if he fails to pay the RM210 million fine imposed on him. The court had earlier ruled that an extra five years in jail would be added to Najib’s sentence if he did not pay the fine.
“At the end of eight years, if he still has not paid the fine of RM210 million, his sentence of five years in default will begin,” Mr Geethan said.
“Once again, he will be entitled to a one-third remission, so he needs to serve 40 months. So all in all, if he doesn’t pay the fine, he will be serving eight years plus 40 months.”
Other lawyers have said that based on the principle of law, Najib can pay the fine whenever he wants within his 12-year prison term.
But if he qualifies for a one-third reduction in his jail term due to good behaviour, he would have to complete paying the fine before he ends his time in prison, former Malaysian Bar president Salim Bashir Bhaskaran told the Malay Mail.


(Latest Update August 26, 2022)


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