Najib released on bail of RM3.5 million

KUALA LUMPUR -- Former Prime Minister Datuk Seri Najib Tun Razak, who is facing four counts of corruption involving RM2.282 billion in 1Malaysia Development Bhd (1MDB) fund and 21 counts of money laundering of the same money, has been granted release on bail of RMRM3.5 million with two sureties pending disposal of his case.

Sessions Court Judge Azura Alwi allowed the application by Najib’s lawyer Tan Sri Muhammad Shafee Abdullah to pay RM1 million tomorrow and RM500,000 each day before or by Sept 28.

Muhammad Shafee had given assurance to the court that the bail would be paid accordingly by Najib’s son, Mohammed Nizar, and an individual by the name of Mohd Shahrir Arifin.

The lawyer also requested to pay RM500,000 tomorrow as the bail counter would soon close for the day and, in persuading the judge to be in favour of him, the lawyer said during last occasion the bank took almost half a day to settle the payment.

“If we want it fast, the best way is to call the money changer,” he said jokingly.

Earlier, deputy public prosecutor Ahmad Akram Gharib objected, saying that all the 25 charges were non-bailable offences and if the court wanted to grant bail, he proposed the amount of RM5 million.

Retired Federal Court judge Datuk Seri Gopal Sri Ram, who is appointed by the Attorney General’s  Chambers to lead the prosecution, also said the prosecution objected bail against Najib as the charges were very serious and the accused was trusted by the people of Malaysia.

“We object the bail as the accused has, in 2015, interfered in the (1MDB) case. He has a propensity of interfering with the case. He should not receive a better treatment,” he said.

Sri Ram also said that the the US Attorney-General had described the case as the worst kleptocracy case and, in a simple word, a case of theft.

He also pointed out that Najib had made several statements on Twitter and Facebook attacking the authorities’ investigation into the case.

Muhammad Shafee stood up and said the prosecution should have put up this matter by way of an affidavit or to call the MACC official to testify about the statements made by Najib.

Sri Ram further applied to the court to prohibit Najib from making any statements on 1MDB on social media to which Muhammad Shafee stood up again and said:

“You (Sri Ram) cannot do that because you don’t have any statements or facts before you.”

He also said when Najib was first charged on July 4, Attorney-General Tommy Thomas had objected to  the gag order obtained by Najib, preventing public discussion or statement over the case.

“Previously the AG speak on freedom of speech, and today the prosecution complained over the statements made by my client,” said Muhammad Shafee. 

Muhammad Shafee also said his client should be granted bail as he is Pekan Member of Parliament and that he had to attend public functions.

He also said Najib had cooperated well with the MACC and the police in the course of investigation.

“At 10.30 pm  yesterday,  my client received a notice from the MACC for him to be present at the MACC headquarters for an investigation at 3.30 pm. Despite the short notice, he managed to turn up at 3 pm,” he said.

Muhammad Shafee went on to propose bail of RM500,000 in two sureties for Najib, saying that the purpose of the bail was never as a pre-trial punishment.

“Bail is not intended to be punitive, but only to secure attendance. Both his passports have been surrendered to the court for his seven cases before this. He is not a flight risk,” he said adding that his client had never failed to turn up in court when his seven cases were mentioned.

“In fact, he come earlier than me,” he said.

Sri Ram responded that the bail amount sought by the lawyer was minimum as the amount stated in four graft cases was RM2.282 billion.

“This is a case where the accused had betrayed the trust and confidence of the public. The accused has enjoyed high position in society. It is irrelevant to consider the amount,” he said.

Judge Azura set Nov 16 for mention the case.

Muhammad Shafee also informed the court that he would apply to transfer the case to the High Court.

Earlier, Najib claimed trial to four counts of corruption in which he was alleged to have used his positions to obtain gratification totalling RM2,282,937,678.41 and 21 charges of money laundering of the same money.

The proceeding began at 3.05 pm and ended at 5.30 pm. The charges on money laundering were read by three interpreters, which was took almost an hour.