Najib (centre) arrives for a court appearance at the Duta court complex in Kuala Lumpur. — AFP photo
KUALA LUMPUR: Former prime minister Datuk Seri Najib Tun Razak pleaded not guilty yesterday in the High Court to three charges of criminal breach of trust (CBT) and one count of abuse of power over funds totalling RM42 million belonging to SRC International Sdn Bhd.
Judge Datuk Mohd Sofian Abd Razak allowed Najib bail of RM1 million in cash in two sureties and fixed the trial tentatively for 19 days from Feb 18 to Feb 28, 2019; March 4 to March 8, 2019; and March 11 to March 15, 2019.
He also ordered Najib, who will turn 65 on July 23, to surrender his Malaysian and diplomatic passports to the court and granted the interim gag order sought by Najib to prevent the media from publishing public discussion on the merits of the case.
The judge also set Aug 8 for case management and for the hearing of a formal application by Najib for the gag order.
Two of Najib’s children, Norasman and Nooryana Najwa, posted bail at 2.45pm. They paid RM500,000, half of the bail amount, and gave the undertaking to settle the remaining amount by 3 pm on Monday. The judge had allowed Najib to pay the bail in instalments.
Justice Mohd Sofian said the court was of the view that Najib was not a flight risk and that RM1 million was a just and fair amount.
Attorney-General Tommy Thomas had proposed a bail of RM4 million in cash with two local sureties for the four charges and requested that Najib’s passports be impounded.
Thomas argued that although the charges faced by Najib were non-bailable offences, the prosecution did not object to releasing Najib on bail pending trial.
He said the RM4 million cash was a reasonable amount as it was 10 per cent of the RM42 million amount stated in the charges faced by Najib.
However, Najib’s counsel Tan Sri Muhammad Shafee Abdullah asked for the amount to be lowered to between RM500,000 and RM800,000 for all four charges, saying that the RM4 million bail proposed by the prosecution was too high.
He said the court should consider that Najib was not a flight risk and that his client had an unblemished record as he had been a Member of Parliament since 1976 and had no previous conviction, even on traffic offences.
Muhammad Shafee asked for the bail amount to be not in cash and that Najib’s property in Jalan Langgak Duta be used as collateral because all his accounts had been frozen.
He also told the court that Najib would only be able to post half of the RM1 million bail sum today and pay the remaining sum on Monday.
He said his client, through his children and wife, had to source the money from relatives.
Muhammad Shafee also sought the gag order, saying there should not be any public discussion of the merits of the case before the trial began and Najib had the right under the Federal Constitution to a fair trial. He also said that his client had been subjected to trial by the media.
Thomas objected to Muhammad Shafee’s application for an interim gag order, saying a formal application should be filed together with supporting affidavit.
He said sub judice did not apply to the laws in Malaysia as Malaysia did not have trial by jury. He also said that Article 10 of the Federal Constitution allowed for freedom of speech.
Muhammad Shafee had also asked the prosecution to furnish the defence documents pertaining to the case by Aug 8 but Thomas said the documents would be given when the trial date was set.
Earlier, after the charges were read out to him as he stood in the dock, Najib claimed trial.
“Minta bicara (claim trial),” said Najib when asked by the court interpreter.
The charges had been read out to him in the Sessions Court earlier yesterday and they were read out again in the High Court after his case was transferred to the High Court for his plea to be recorded. The proceedings in the High Court took more than two hours.
On the first charge, Najib was accused of, as a public servant and agent, namely the Prime Minister and Finance Minister of Malaysia, Advisor Emeritus of SRC International Sdn Bhd (SRC) and in those capacities entrusted with control of funds belonging to SRC International totalling RM4 billion, having committed CBT involving a sum of RM27 million.
He was accused of committing the offence at AmIslamic Bank Berhad, Ambank Group Building, No 55, Jalan Raja Chulan, here, between Dec 24, 2014, and Dec 29, 2014, and charged under Section 409 of the Penal Code which provides for a maximum jail term of up to 20 years and whipping and also a fine, if convicted.
On the second count, Najib was charged with, as the Prime Minister and Finance Minister with control over SRC funds totalling RM4 billion, having committed CBT involving RM5 million at the same place and during the same time frame.
On the third count, Najib was charged with, being the Prime Minister and Finance Minister entrusted with SRC-owned funds of RM4 billion, having committed CBT involving RM10 million at the same place between Feb 10, 2015, and March 2, 2015, according to the same section of the Penal Code.
On the fourth count, Najib was charged with, being a public official, namely the Prime Minister and Minister of Finance of Malaysia, having used his position to to commit bribery involving RM42 million when he participated or was involved in a decision on behalf of the Malaysian government to provide government guarantees for loans from the Retirement Fund Incorporated to SRC International amounting to RM4 billion.
He is accused of committing the bribery at the Prime Minister’s Office, Precinct 1, Putrajaya, Federal Territory of Putrajaya, between Aug 17, 2011, and Feb 8, 2012.
The charge, framed under Section 23 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act, provides for a jail term of up to 20 years and a fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, if convicted. — Bernama