KUALA LUMPUR, July 4 — The Sessions Court today allowed Datuk Seri Najib Razak's two cases over RM42 million from former 1Malaysia Development Berhad (1MDB) subsidiary SRC International Sdn Bhd to be transferred to the High Court.
The charges were read out earlier to Najib in a packed courtroom in Kuala Lumpur before Sessions Court judge Datuk Zainal Abidin Kamarudin.
No plea was recorded in the Sessions Court.
Najib is expected to only enter his plea in the High Court.
About 100 media personnel and the public are currently waiting behind a police cordon at the fifth floor of the Kuala Lumpur Courts Complex for Najib to be transferred to the High Court there and for final arrangements for the courtroom to be made.
In the prosecution initiated about two months after Najib's Barisan Nasional coalition lost federal power, new Attorney General Tommy Thomas is the lead prosecutor and assisted by 11 deputies.
Prominent lawyer Tan Sri Shafee Abdullah is representing Najib.
Criminal charges are usually read out to an accused person, who will then either plead guilty or claim trial by pleading not guilty.
Najib was charged this morning with three counts of CBT under the Penal Code's Section 409 on three separate transactions amounting to RM42 million from SRC International.
Under Section 409 of the Penal Code which covers the offence of criminal breach of trust (CBT) by a public servant over property he is entrusted with or have control over, the penalty is a jail term of between two years and 20 years and whipping and fine.
Najib was charged in the second case with the abuse of his position to get gratification of RM42 million from SRC International for himself, with the charge being under Section 23 MACC Act 2009.
The government's special taskforce for the 1MDB scandal announced yesterday that Najib was arrested at his private residence at 2.35pm in relation to SRC International and would be charged this morning in Kuala Lumpur.
On July 2, 2015, Wall Street Journal (WSJ) reported that investigators probing state investment firm 1MDB had found US$681 million (RM2.6 billion) deposited in Najib’s personal bank accounts just before the 13th general election, with RM42 million believed to have originated from SRC International.
In 2016, then-AG Tan Sri Apandi Ali cleared Najib of wrongdoing, claiming that the RM2.6 billion was a personal donation from the Saudi royal family and that Najib had alleged returned US$620 million to the Saudi royalty in August 2013.
Apandi had then said he had also found Najib committed no wrongdoing over the RM42 million deposited by SRC International into Najib’s bank account.
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