Ex-PM and Irwan slapped with six counts of CBT

KUALA LUMPUR: Former prime minister Datuk Seri Najib Tun Razak has been brought to court several times but yesterday, he shared a dock at the Sessions Court with former Treasury secretarygeneral Tan Sri Dr Mohd Irwan Serigar Abdullah.

The two were jointly charged with six counts of criminal breach of trust (CBT) involving funds totalling RM6.636bil that belongs to the government.

Najib, 65, was the first accused while Dr Mohd Irwan, 61, was named as the second accused.

According to the first two charge sheets, the two men were entrusted with dominion over RM1.2bil and

RM655mil respectively, and committed CBT in respect of those sums.

The third charge alleges that Najib and Dr Mohd Irwan committed CBT relating to RM220mil in the government’s Federal Consolidated Fund. The amount was allocated for administration expenses for the Kuala Lumpur International Airport.

The RM1.3bil at the centre of the fourth charge was in the same fund and classified as an allocation for subsidy and cash aids.

The fifth and sixth charges were for allegedly committing CBT in respect of 1.95 billion yuan (RM1.261bil) and RM2bil.

All the offences were allegedly committed at the Finance Ministry office in Putrajaya between Dec 21, 2016, and Dec 18, 2017.

The charges were framed under Section 409 of the Penal Code and each carries a jail term of between two and 20 years with whipping, if convicted.

Offenders are also liable to fines. Section 409 covers CBT by public servants and agents.

Najib and Dr Mohd Irwan pleaded not guilty, with both replying “Minta bicara (I claim trial)” after each charge was read out by the court interpreter.

Former Federal Court judge Datuk Seri Gopal Sri Ram, who was appointed by the Attorney General’s Chambers to lead the prosecution, suggested bail at RM3mil each.

Najib’s lead counsel Tan Sri Dr Muhammad Shafee Abdullah objected, saying that his client had already paid RM4.5mil bail accumulatively for his previous 32 charges, an amount which could be “highest in the history of Malaysia”.

“A bail’s only criterion is to ensure his attendance and nothing else. It cannot be punitive. It cannot be oppressive,” he said, adding that his client’s accounts and assets had also been frozen.

Dr Muhammad Shafee asked the court to make an order for Najib to utilise the

Any other sum would not reflect the justice of the case. Datuk Seri Gopal Sri Ram

RM4.5mil bail for his current case.

Datuk K. Kumaraendran, who represented Dr Mohd Irwan, said the prosecution itself did not object to bail, which showed that his client was not a flight risk, and suggested bail of RM500,000 for his client.

Sri Ram replied that the court should not allow the first accused to utilise his RM4.5mil bail for the case as the charges were new.

“The sum we asked for is not fixed on the totality of the sum involved,” he said.

Sri Ram added that the second accused was paid “excessively” during his tenure as the Treasury secretary-general.

“This is not a tale of a good Samaritan. He is the trustee of the highest order of money in this country. He stands before you accused of breaching that trust.

“Any other sum would not reflect the justice of the case,” Sri Ram said.

Sessions Court judge Azman Ahmad allowed bail at RM1mil in two sureties for each of the accused.

He also ordered Dr Mohd Irwan to surrender his passport. Najib had surrendered both his civilian and diplomatic passports in his earlier court case.

The court also allowed for the accused to pay RM500,000 yesterday and to pay the balance in 10 days. Both accused paid the bail.

The case is set for mention on Nov 29.