Bail set at RM1m each for Najib and Irwan
on Aug 3, 2017; RM1.3 billion in the federal consolidated fund meant for subsidies and financial aid allegedly linked to BR1M (1Malaysia People’s Aid); RM1.26 billion (Chinese Yuan 1.95 billion) from Chinese authorities for the East Coast Rail Link (ECRL) deal on Aug 23, 2017; and RM2 billion belonging to the government on Dec 18, 2017.
The charges, under Section 409 of the Penal Code, carries a penalty of between two and 20 years’ jail, with whipping, and a fine.
Najib was represented by senior lawyer Tan Sri Muhammad Shafee Abdullah while Datuk K. Kumaraendran appeared for Mohd Irwan.
Datuk Seri Gopal Sri Ram, who appeared for the prosecution, proposed bail of RM3 million each in view of the seriousness of the offences, but the defence lawyers asked for a lower amount.
“Bail is not supposed to be punitive or oppressive, it is merely to secure one’s attendance in court,” Muhammad Shafee said.
Kumaraendran said Mohd Irwan had been a dedicated civil servant for 20 years and could not afford a prohibitively high bail that would only result in him languishing in jail while waiting for trial.
Azman set bail at RM1 million in two sureties each and ordered them to surrender their regular and diplomatic passports, if any, and not to interact with witnesses.
Muhammad Shafee agreed with the amount but said Najib would need three weeks to post bail as he had already paid RM4.5 million in collective bail for his other cases related to SRC International and 1MDB scandal.
Kumaraendran also agreed with the sum, but asked for half the amount to be paid first and the other half 10 days later.
The court agreed to let both post RM500,000 immediately, with the balance to be paid within 10 days from yesterday and set Nov 29 for mention.
Sri Ram told the court the prosecution had no objection to any application to transfer the cases to the High Court.