KUALA LUMPUR, Dec 12 — The former prime minister today had one more charge added to a lengthening list of offences in connection with his scandal-tainted brainchild 1Malaysia Development Berhad (1MDB).
Datuk Seri Najib Razak claimed trial today to one count of abuse of power over the alleged removal of certain portions of the final 1MDB audit report between February 22 and 26, 2016 at the Prime Minister’s Office Complex, Putrajaya.
In a separate courtroom from former 1MDB president and CEO Arul Kanda Kandasamy, Najib was charged with using his position as prime minister to obtain gratification in the form of disciplinary, civil and criminal immunity related to 1MDB by ordering the amendments to the company’s audit report before the finalised copy was presented to the Public Accounts Committee.
The offence under Section 23(1) of the MACC Act 2009 is punishable under Section 24(1) of the same Act which carries a prison sentence of not more than 20 years and a fine of at least five times the bribed amount or RM10,000 or whichever the higher upon conviction.
The Pekan MP who stood in the dock before Sessions Court judge Azura Alwi nodded in acknowledgement when the charge was read out to him.
The prosecution led by Datuk Seri Gopal Sri Ram asked for bail to be set at RM1 million with one surety.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah objected and asked the court for no more bail against his client.
Muhammad Shafee, citing the earlier case of Arul Kanda Kandasamy, said that the former 1MDB CEO had been charged for the first time.
“They asked for RM500,000 from Arul. This is unfair and discriminatory against Najib as the prosecutors are seeking RM1 million.
“Najib has already paid RM5.5 million in bail for different cases since July and has had his passport confiscated by the court,” he said.
Describing the RM5.5 million bail as an ‘extraordinary amount’, he said his client has trouble raising funds and must solicit the money from his relatives.
“Bail should never be oppressive, if there is bail for this case it would be oppressive,” he said.
However Sri Ram said Arul Kanda’s case must be distinguished from Najib’s in terms of bail as the ex-PM was charged as the principal offender while the former 1MDB chief was charged with abetment.
“The principal offender is always treated differently than the abetter,” he said.
After hearing submissions from both side, Azura set bail at RM500,000 with one surety, the same with Arul Kanda, to be paid by today.
Muhammad Shafee then sought for the amount to be paid in instalments, but the judge rejected the proposal.
She then set case for mention on January 4.
