Thursday 28 Mar 2024
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This article first appeared in The Edge Financial Daily on July 5, 2018

KUALA LUMPUR: Datuk Seri Najib Razak became the first ex-prime minister in Malaysia to be charged in court when he was slapped with three counts of criminal breach of trust and one count of abuse of power yesterday. The charges relate to RM42 million allegedly siphoned from SRC International Sdn Bhd, a former unit of 1Malaysia Development Bhd (1MDB).

The formal charging of the son of the country’s second premier Tun Abdul Razak came a day after he was arrested at his home in Taman Duta and less than two months after the downfall of Barisan Nasional in the May 9 general election.

As the new Pakatan Harapan government took over, fast-moving investigations into alleged 1MDB-related wrongdoings, were carried out by the Malaysian Anti-Corruption Commission (MACC), which saw Najib, his family members and several others, including his former special aide at the Prime Minister’s Office, summoned for questioning.

Najib nodded when the charges were read out to him. He pleaded not guilty to all four charges, with each carrying a jail sentence of between two and 20 years as well as a fine if convicted. The ex-premier, who turns 65 later this month, will however be spared the caning sentence as those aged above 50 are exempted from it.

The High Court set Aug 8 for case management and Feb 18 for trial next year.

Clad in a blue suit, Najib maintained his composure and was all smiles as he was escorted to the Kuala Lumpur Courts Complex in Jalan Duta at 8.15am, after spending a night at the MACC lock-up in Putrajaya amid protests by his supporters at the anti-graft agency headquarters.

He was greeted by chants from his supporters which later rose in number to about 1,000 people by noon amid heavy police security and the presence of four Federal Reserve Unit trucks.

Three of Najib’s children, Nazifuddin, Noorashman and Nooryana Najwa, were seen at the beginning of the proceedings, together with Najib’s son-in-law Daniyar Kessikbayev.

Also present were several Umno members including new youth chief Datuk Dr Asyraf Wajdi Dusuki, former minister Tan Sri Noh Omar and outspoken Pasir Salak member of parliament Datuk Seri Tajuddin Abdul Rahman.

However, noticeably missing were Najib’s former No 2 and current Umno president Datuk Seri Dr Ahmad Zahid Hamidi, as well as former defence minister and Najib’s cousin Datuk Seri Hishammuddin Hussein. Najib’s brothers were also not present.

At about 8.30am, two charge sheets were read against Najib at the Sessions Court by Judge Datuk Zainal Abidin Kamarudin, before the cases were transferred to the High Court upon the prosecution’s request.

 

Accused of receiving kickbacks

Under the first charge, Najib was accused of receiving kickbacks amounting to RM42 million for participating in the government’s decision to provide guarantee over loans of RM4 billion from Kumpulan Wang Persaraan (Diperbadankan) or KWAP to SRC International.

The offence was allegedly committed between Aug 17, 2011 and Feb 8, 2012. He was charged under the MACC Act 2009. If found guilty, the former premier could face a maximum of 20 years’ jail and a fine no less than five times the value of the bribe.

The second charge sheet contained three separate charges for criminal breach of trust amounting to RM27 million, RM5 million and RM10 million — all allegedly siphoned from the RM42 billion owned by SRC International between Dec 24 and Dec 29, 2014. This charge sheet stated Najib is adviser emeritus of the company.

He was charged under Section 409 of the Penal Code, which entails jail time of between two and 20 years, and potentially whipping and a fine.

Leading the 12-member prosecution team is newly minted Attorney-General Tommy Thomas. Najib’s defence team is led by senior lawyer Tan Sri Muhammad Shafee Abdullah and five other lawyers.

At the High Court, there was disagreement between the prosecution and the defence after Thomas requested for a bail totalling RM4 million to be brought against the former premier.

Muhammad Shafee, in turn, sought a bail of RM500,000 to RM800,000 with two sureties, and that the bail be switched with the land title of Najib’s Jalan Duta residence because his bank accounts are currently frozen pending investigations.

High Court Judge Datuk Mohd Sofian Abd Razak fixed bail at RM1 million in cash — half to be paid immediately and the balance by July 9. Najib’s normal international passport and diplomatic passport were also ordered to be confiscated.

The judge also approved a request for an interim gag order lasting until Aug 8 to ban the media from reporting about SRC International and the four charges against Najib as a way to prevent prejudgement of the case.

While Najib waited the first portion of his bail to be paid yesterday, his wife Datin Seri Rosmah Mansor appeared at the court in a show of support to her husband, apparently against the advice of her lawyer Datuk K Kumaraendran, who was also present.

Rosmah, who also faced questioning by the MACC early last month, was clad in a peach baju kurung. The couple were later witnessed leaving the court complex with the children.

 

‘Impending charges expected’

Speaking to the press later, Najib said the impending court cases are “expected” as it is “the wish of the new government”.

“If this is the price I have to pay for my 42 years of service for the rakyat, I accept.

“What I hope and pray is that the judicial process is truly fair and in accordance with the rule of law in every essence of the word,” he said.

“I believe in my innocence. This is the best opportunity for me to clear my name, which has been heavily bombarded by accusations and slander,” he added.

Najib also thanked the MACC and security officers for treating him in a repsected manner as a former prime minister.

“I hope my supporters stay calm. I am impressed by their presence to offer me moral support even when I did not initiate any movement. They came voluntarily,” added Najib.

When asked if he is confident of a fair trial, Najib smiled and pointed to Muhammad Shafee, saying: “I have this hotshot lawyer.”

Outside the courtroom, Muhammad Shafee and Thomas separately expressed confidence that they have a strong case against the other.

While refusing to say explicitly that more charges will follow through, Thomas pointed to MACC’s promise of more investigation papers (IPs) which could translate into additional charges against Najib moving forward.

“No doubt, there will be more IPs, but I think you should ask the MACC [about] that because they do the investigation and we do the prosecution,” he said, adding that the four initial charges are results of the first IP submitted by the MACC to the Attorney-General’s Chambers about three weeks ago.

“1MDB is a shorthand statement to describe what happened over four, five years. There are discreet, separate [monetary] transactions which the US Department of Justice has [previously] detailed.

“There are different transactions, different episodes over a long period, and I would expect the MACC to look at it that way, and when they complete [the IPs], they can come and give [them] to us,” he said.

Thomas also commented on the Malaysian Bar Council’s statement questioning whether the 1MDB Special Task Force has the right to order Najib’s arrest, saying he thought the MACC was the agency which conducted the arrest without elaborating further.

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