KUALA LUMPUR (Dec 7): The trial of former Prime Minister Datuk Seri Najib Tun Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah, who are facing six counts of criminal breach of trust (CBT) involving RM6.6 billion, has been transferred to the High Court.
High Court Judicial Commissioner Datuk Rozana Ali Yusof made the decision after allowing the application by lawyer Tan Sri Mohamed Shafee Abdullah who represented Najib and lawyer Datuk K Kumaraendran who represented Mohd Irwan Serigar.
However, the mention date would be fixed later.
Earlier, Mohamed Shafee told the court that two cases involving the former Prime Minister had been transferred to the High Court.
Mohamed Shafee said the transfer was made under Section 417 of the Criminal Procedure Code, to expedite the process of justice.
Meanwhile, Kumaraendran said he adopted Shafee’s submissions put forward in respect of the transfer, and the prosecution led by deputy public prosecutor (DPP) Datuk Jamil Aripin did not object to the application.
Earlier at the Sessions Court, judge Azman Ahmad fixed Dec 18 for mention of the case for the parties involved to update the application to have the case transferred to the High Court.
On Oct 25, Najib, 65, and Mohd Irwan Serigar, 61, pleaded not guilty to six counts of CBT. On the first count, they were jointly charged with, in their capacities as Finance Minister and Treasury Secretary-General respectively, and who were entrusted with the dominion of RM1.2 billion belonging to the Malaysian Government, committed CBT of the fund.
For the second charge, Najib and Mohd Irwan Serigar were jointly charged, while holding the same posts, with committing CBT of RM655 million belonging to the Malaysian government which were entrusted to them.
On the third count, they were jointly charged, in their capacities as public servants and holding the same posts, with committing CBT of RM220 million belonging to the Malaysian Government in the Federal Consolidated Fund under “Belanja Mengurus di bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Berhad (KLIAB)” that was entrusted to them.
The two men were also jointly accused, while in the same capacities, with CBT of RM1.3 billion that was entrusted to them in the Federal Consolidated Fund under “Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 020500 Subsidi Dan Bantuan Tunai”, belonging to the Government of Malaysia.
On the fifth and sixth charge, they were jointly charged, while in same capacities, of having committed CBT of CNY1,950,000,000 (worth RM1,261,065,000) and RM2 billion belonging to the Government.
Najib and Mohd Irwan Serigar were alleged to have committed all the offences at the Finance Ministry Complex in Putrajaya between Dec 21, 2016 and Dec 18, 2017.
They were charged under Section 409 of the Penal Code, read together with Section 34 of the same Code, which provides for a maximum jail term of 20 years and whipping, and liable to a fine, if found guilty.