The Malaysian Insight

THE spate of criminal charges against former prime minister Najib Razak continues today, this time jointly with former Treasury secretary-general Dr Mohd Irwan Serigar Abdullah.

Both men, who held positions of authority in troubled state investor 1Malaysia Development Bhd under the previous government, will be charged with criminal breach of trust at the Kuala Lumpur Sessions Court today. 

Both were summoned for questioning at the Malaysian Anti-Corruption Commission headquarters yesterday. 

Media reports citing MACC sources said they were grilled over billions of ringgit siphoned off from the cash aid programme 1Malaysia People’s Aid (BR1M) and from the government’s consolidated funds to cover 1MDB’s massive debts. 

They were also questioned over 1MDB’s dealings with Abu Dhabi investment firm International Petroleum Investment Company (IPIC).

Najib is expected to face six additional charges, bringing the total number of charges against him to 38.

He was previously charged with 32 counts of criminal breach of trust, money-laundering and misuse of power involving RM2.6 billion allegedly from 1MDB, which he claimed was a donation from Saudi Arabia, and another RM42 million from a former 1MDB subsidiary, SRC International.

Also facing charges today is another person closely linked to Najib, the former director of the Malaysian External Intelligence Organisation (MEIO), Hasanah Abdul Hamid, who led the highly secretive unit within the Prime Minister’s Department.

She will be charged separately with criminal breach of trust in relation to US$12 million (RM49.91 million) allegedly smuggled into the country through the Kuala Lumpur International Airport just before the May 9 elections. 

She and eight other intelligence officers were remanded for several days after the MACC seized US$6.3 million from several locations. The largest stash, US$4.07 million, was found in a rented condominium in Cyberjaya. 

The Malaysian Insight brings your live updates from the Kuala Lumpur court: 

11.59am: Azman sets bail at RM500,000 in two sureties to be paid today.  Hasanah will also have to surrender her passport to the court.

11.57am: Prosecution argues that the justification for the RM1 million bail is because she allegedly embezzled US$12.1 million (RM50.22 million) even though it is only one charge. Further, she was a spy chief as opposed to being an ordinary member of the public.

11.45am: Asking bail to be set at RM300,000, Shaharudin says Hasanah’s offence is not as big as 1MDB, pointing out that after she was released from detention, she did not flee but stayed in Selangor.

11.40am: Hasanah claims trial. Counsel Shaharudin appeals against the RM1 million bail suggested by lead prosecutor Gopal who also asks that her passport be surrendered to court.

11.37am: Spy chief Hasanah is in the dock. Charges being read out.

11.28am: Judge orders both accused to pay RM500,000 today with the remainder within 10 days. Case has been set for mention on November 29.

11.22am: Kuala Lumpur Session Court judge Azman Ahmad sets bail at RM1 million in two sureties for each accused. Irwan is asked to surrender his passport.

11.05am: Lead prosecutor Gopal argues against granting the due bail as the previous charges against Najib were different from what he was slapped with today. As for Irwan, Gopal says he benefitted from Najib’s tenure.

“He (Irwan) was paid handsomely and I would say excessively. His crime was particularly onerous as he was the trustee of one of the highest institutions. The fact that he now stands accused in the court is very serious.”

10.59am: Kumaraendran concludes by asking for bail of RM500,000, saying it would be sufficient to compel Irwan to attend court.

“Anything above that would be punitive. Irwan has not personally benefited from the fund. He carried out his duties in the interest of the country.”

10:57am: Kumaraendran cites the various state and national awards conferred to Irwan over the years.

10:50am: Kumaraendran tells the court: “My client is a dedicated civil servant for 20 years. He can’t raise such amounts. He would languish in prison. An accused is assumed innocent until proven guilty. Bail should not be punitive, but it is only to secure the accused’s attendance in court.”

10.44am: Counsel Kumaraendran begins speaking up for Irwan, telling the judge that the primary essence of bail is to secure attendance and the bail should not be excessive, adding that the former Treasury secretary-general is not a flight risk.

10.43am: Shafee ends his argument by saying Najib was a former Pahang menteri besar, a former deputy prime minister and prime minister and a serving parliamentarian for Pekan.

“Yang ariff, can we honestly say this man is a flight risk? Can we look in the mirror and say this man is a flight risk?”

10.32am: Shafee adds that all of Najib’s bank accounts are frozen.

“It reduces his flight risk to zero. And to raise the bail amount is oppressive. It would be like asking a boxer to enter a boxing match with his hands tied behind him.”

10.31am: Shafee urges the court to release Najib and not specify the bail amount but to obtain a signature that this case is subject to the caveats as stipulated by the previous courts and that the RM4.5 million would be forfeited if he breaks them.

“RM4.5 million is an amount that has never been set in the history of Malaysia.”

10.30am: Shafee further argues that Najib is a not a flight risk, as both his passports have been surrendered to the court.

10.21am: Shafee suggests that the entire RM4.5 million bail that Najib has posted so far be used for this case.

10.20am: Lead counsel Shafee says Najib has paid RM1 million bail for the seven counts of power abuse and CBT and a further RM3.5 million bail for 25 counts of money laundering.

“The only criteria is to make sure he (Najib) attends. It cannot be punitive. It cannot be oppressive.”

10.10am: Lead prosecutor Gopal Sri Ram asks the court to impose bail of RM3 million for each accused.

10.07am: Zahid leaves the court complex.

10.06am: Najib and Irwan slapped with six charges. They claim trial to all six charges which take the registrar six minutes to read out.

10.03am: Court registrar begins reading charges to Najib and Irwan, who are jointly charged. Both accused appear calm. They claim trial to first charge.

10.01am: Court is back in session.

10am: Najib and Irwan seated together in the dock. They are both conversing quietly.

9.46am: An Umno Supreme Council member who was having coffee in the court cafeteria says they did not mobilise party members to turn up in support of their former president today.

“Anyone can come if they are free, if they are not free today, they don’t have to come,” he says.

9:42am: Najib’s legal team is led by counsel Shafee, along with Harvinderjit Singh, Farhan Read, Wan Aizuddin, Rahmat Hazlan, Muhammad Farhan Shafee and Syahirah Hanapia.

9.40am: Umno Supreme Council member Tajuddin Abdul Rahman and actress Ellie Suriaty arrive at the court complex in a show of support for Najib.

9.20am: Najib, Irwan and Hasanah have yet to make their appearance in court. They are being held in a witness room next to the courtroom.

9.19am: Muhammad Shafee Abdullah requests for the court to stand down for at least 30 minutes as he has only received one copy of the charge sheet. He says he requires time to go over the charges with the legal team.

Gopal Sri Ram does not object.

Azman orders the court to stand down.

9.04am: Umno president Ahmad Zahid Hamidi arrives as a show of support for his predecessor, Najib.

8:46am: Special prosecutor Gopal Sri Ram arrives in court and will lead the prosecution team.

8:40am: Shaharudin is Hasanah’s lead counsel, says lawyer Mohd Khairul Azam Abdul Aziz, who is also on the defence team.

8.30am: Hasanah Abdul Hamid arrives via a backdoor. Najib, Irwan and Hasanah are to be charged in the same court, presided by Kuala Lumpur Sessions Court judge Azman Ahmad.

Irwan is represented by K. Kumaraedran and Geethan Ram. Hasanah is represented by Shaharudin Ali, Mohd Khairul Azam and Imran Khairi Osman.

8.22am: Najib Razak arrives in a black Perdana. Najib wishes journalists “good morning” and when asked how is he, replies “I’m good”.

8.15am: Mohd Irwan Serigar Abdullah, escorted by police and MACC officers, arrives at the court complex. – October 25, 2018.