The six joint CBT charges against Najib Razak and former Treasury sec-gen Irwan Serigar
Debra Chong
Malay Mail25 October 2018
Tan Sri Mohd Irwan Serigar Abdullah arrives at the Kuala Lumpur High Court October 25, 2018. — Picture by Ahmad ZamzahuriMore
KUALA LUMPUR, Oct 25 — Prosecutors have lined up six criminal breach of trust charges against former prime minister Datuk Seri Najib Razak and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah today.
Each of the six charges under the Penal Code can be punished with imprisonment for a term which shall not be less than two years and not more than 20 years and with whipping, and shall also be liable to a fine.
Below is an unofficial reproduction of the chargesheet against the duo.
Public Prosecutor vs Mohd Najib bin Abdul Razak (IC Number: ******-**-5165) and Mohd Irwan Serigar bin Abdullah (IC No: ******-**-5529)
First charge
That you on 21 December 2016 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of RM1.2 billion, belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Second charge
That you on 21 December 2016 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of RM655 million, belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Third charge
That you on 21 December 2016 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of RM220 million, an allocation under “Management Budget under the Definition of B11 Treasury General Services, Activity 021700 KL International Airport Berhad (KLIAB), belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Fourth charge
That you on 10 August 2017 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of RM1.3 billion, an allocation under “Management Budget under the Definition of B11 Treasury General Services, Activity 020500 Subsidy and Cash Assistance”, belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Fifth charge
That you on 10 August 2017 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of CNY1,950,000,000.00 (valued at RM1,261,065,000.00), belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Sixth charge
That you on 10 August 2017 at the Malaysian Finance Ministry Complex in the Federal Territory of Putrajaya, as a public servant, that is as Finance Minister and Treasury Secretary-General respectively in that capacity had been entrusted with power over a property, that is a sum of RM2 billion, belonging to the Government of Malaysia, had committed a criminal breach of trust on that property, which is an offence punishable under Section 409 of the Penal Code read together with Section 34 of the same Act.
Najib, Irwan claim trial to 6 charges of CBT
Khairah N. Karim
New Straits Times25 October 2018
KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak and former treasury secretary-general Tan Sri Dr Mohd Irwan Serigar Abdullah were charged at the Sessions Court here today with six counts of criminal breach of trust (CBT) involving over RM6.6 billion of government funds.
The duo, who were charged in their capacity as Finance Minister and Treasury secretary-general, only nodded to indicate that they understood the charges and claimed trial to their joint charges before Judge Ahmad Azman today.
The duo were also seen talking to each other while they were inside the dock.
On the first and second counts, Najib, 65, and Irwan, 61, were charged with committing CBT on a RM1.2 billion and RM655 million government property which was entrusted to them with dominion over it (property).
On the third and fourth counts, they were alleged to have committed CBT on a RM220 million and RM1.3 billion property entrusted to them with dominion over it in the Federal Consolidated Fund “Belanja Mengurus di bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Bhd (KLIAB)" belonging to the government.
For the fifth and sixth charges, they were alleged to have committed CBT on a 1,950,000,000.00 yuan (RM1.26 billion) and RM2 billion government property which was entrusted to them with dominion over it.
Najib and Irwan allegedly committed the offences at the Finance Ministry complex in Putrajaya between Dec 21, 2016 and Dec 18, 2017.
Their charge, under Section 409 of the Penal Code for CBT by a public servant or agent, carries the maximum 20 years’ imprisonment, whipping and a fine upon conviction.
Najib's lead counsel, Tan Sri Muhammad Shafee Abdullah pleaded for the bail amount of RM4.5 million that has been paid by his client in his case in the other courts to be applied in this case.
Meanwhile, counsel Datuk K.Kumaraendran who represented Irwan pleaded for RM500,000 bail to be imposed on his client.
Earlier, Datuk Seri Gopal Sri Ram, who led the prosecution team, proposed RM3 million bail to be imposed on both the accused.
He also objected to Shafee's submission to permit Najib to be released on the previous bail amount as the offences are serious.
The court allowed RM1 million bail in two sureties to each accused and ordered for them to surrender their international and diplomatic passports to the court.
The court also ordered the duo aganist contacting or disturbing witnesses in the case.
The judge then allowed both accused to pay RM500,000 of the bail amount today and the rest to be paid in 10 days from today.
The case will be up for mention on Nov 29. © New Straits Times Press
