Malaysia's former prime minister Najib Razak waves as he leaves the Duta Court complex after he was found guilty in his corruption trial in Kuala Lumpur on July 28, 2020. Photo: AFP / Mohd Rasfan

SINGAPORE – Criminally convicted former Malaysian premier Najib Razak, 68, and his graft-accused wife Rosmah Mansor, 69, are set to travel abroad for the first time in more than three years after courts in Kuala Lumpur allowed the pair to temporarily reclaim their impounded passports to visit their pregnant daughter in Singapore.

Lenience shown to the ex-premier and his wife have arguably validated misgivings that with the United Malays National Organization (UMNO) – the long-ruling party Najib once led – now back in power, the corruption-accused pair have a better chance of wriggling out of their legal troubles either through appeal, acquittal or even an eventual royal pardon.

A ruling by the Court of Appeal on Monday (October 18) permitted Najib to travel abroad from October 20 to November 22, just days after the country’s High Court approved a similar application for Rosmah, both of whom were barred from leaving Malaysia after the defeat of Najib’s scandal-plagued coalition at a historic 2018 general election.

In his application to the court, the ex-premier said he needed to provide mental and emotional support to his daughter Nooryana Najwa Najib, who experienced serious complications when giving birth to her first child and is due to deliver her second child soon at a private hospital in Singapore, where she lives.

Prosecutors said they have no qualms about the former first couple’s travel plans. That is despite Najib being found guilty of corruption, money laundering, and other charges last July. He was sentenced to 12 years in prison and fined 210 million ringgit (US$50.3 million) and is out on bail pending a court decision on his appeal.

“Malaysians are disgusted. Many cannot understand how a guilty person can travel. Most think it’s a done deal that they will get away with the 1MBD scam,” said James Chin, inaugural director of the University of Tasmania’s Asia Institute, referring to the sprawling corruption scandal involving state fund 1Malaysia Development Berhad (1MDB).

Najib founded 1MDB in 2009 to promote economic development but ultimately lost political power over allegations that more than $4.5 billion was misappropriated from the fund under his watch. He allegedly received some of the stolen funds into his personal account, which he claims he was misled into believing were a donation from the Saudi royal family.

A Malaysian man walks past a 1MDB billboard in Kuala Lumpur in a file photo. Image: Twitter

He and his wife had attempted to board a private jet to Jakarta three days after losing power but were stopped by immigration authorities on orders of then-premier Mahathir Mohamad, whose short-lived administration opened investigations into alleged corruption and money laundering involving the pair.

Dozens of graft charges were filed against the couple after their political fall from grace. Public anger over their opulent lifestyle peaked after police raids revealed that Rosmah, who had garnered a reputation for enormous credit card spending on shopping sprees in London and New York, owned millions of dollars worth of jewelry and luxury handbags.

Since losing power, Najib has deftly harnessed social media to shed his image as an elite and rebrand himself as a populist disruptor, winning an energized following with pointed criticisms of his successors’ governments. Najib remains an influential backbencher whose camp withdrew support for and toppled former premier Muhyiddin Yassin in August.

Experts say the former premier’s aspirations of mounting a political comeback will almost certainly guarantee his voluntary return to Malaysia despite the charges he faces. “Najib is unlikely to take refuge in another country because he still harbors political ambitions,” said Oh Ei Sun, a senior fellow at the Singapore Institute of International Affairs.

“There are examples of countries deliberately letting their former leaders out despite various criminal and other sorts of charges when dictatorial leaders still wield a lot of influence, especially with the military,” said Oh. “But Najib and Rosmah are not looked upon as that sort of powerful couple whereby the best solution is to let them go into exile.”

In an interview with Reuters in September, Najib did not rule out seeking re-election to Parliament within the next two years, undeterred by the fact that a corruption conviction would block him from running. He claimed his disqualification is “subject to interpretation… in terms of the law, the constitution and whatever happens in court proceedings.”

The former premier was asked in the interview about media speculation that he could be made an economic adviser to Prime Minister Ismail Sabri Yaakob’s government. Though he would not say if he would accept a position, Najib hinted he would contest the next elections due by 2023, saying: “Any politician who would want to play a role would want a seat in Parliament.”

Rosmah Mansor (C), wife of Malaysia’s former prime minister Najib Razak, leaves the Duta court complex after a hearing in her graft trial in Kuala Lumpur on February 18, 2021. Photo: AFP/Mohd Rasfan

Najib has always stridently maintained his innocence, and told Reuters his priority was on clearing his name. Rosmah, who was suspected of influencing government decisions during her husband’s tenure, similarly denies wrongdoing and tearfully claimed in court earlier this month that the charges against her were malicious and selective prosecution.

In September, Rosmah lost an appeal to nullify a corruption case she faces involving 187.5 million ($44.9 million) in bribes she is accused of soliciting to help secure an education ministry project to power rural schools in Sarawak state. Unlike her husband, she has yet to be convicted of a crime and court proceedings in her case are ongoing.

Oh said that the decision to allow the former premier and his wife permission to travel abroad, while controversial, could “enhance their prestige” among UMNO supporters. “Most of UMNO’s voters are still very feudalistic-minded in the sense that having leaders with special privileges and great wealth is something to be prided upon.”