Malaysia

AGC seeks more time to study Irwan’s second representation on CBT case

Prosecution wants case management in Sept, but former Treasury sec-gen’s lawyer asks for earlier date

Updated 3 years ago · Published on 29 May 2023 2:56PM

AGC seeks more time to study Irwan’s second representation on CBT case
Former prime minister Datuk Seri Najib Razak and Tan Sri Mohd Irwan Serigar Abdullah (pic) were charged in 2018 on six counts of criminal breach of trust involving Malaysian government funds totalling RM6.6 billion in relation to payments to International Petroleum Investment Company (Ipic). – Bernama pic, May 29, 2023

KUALA LUMPUR – The Attorney-General’s Chambers (AGC) needs more time to decide on a representation submitted by former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah regarding a criminal breach of trust (CBT) case he is facing together with Datuk Seri Najib Razak, the high court was told today.

The former prime minister and Irwan were charged in 2018 on six counts of CBT involving Malaysian government funds totalling RM6.6 billion in relation to payments to International Petroleum Investment Company.

Deputy public prosecutor Muhammad Saifuddin Hashim Musaimi told high court judge Datuk Muhammad Jamil Hussin that he had instructions from Attorney-General Tan Sri Idrus Harun to seek another case management date.

“We need time to study the letter of representation because this case involved a huge amount of RM6 billion. If possible, we want to apply for a September date,” he said.

Najib’s lawyer Tan Sri Muhammad Shafee Abdullah did not object to the prosecution’s application but Datuk N. Kumaraendran, who was representing Irwan, asked for an earlier date in July.

“The charge has been hanging on my client’s head for five years. He was charged in 2018 and the case was transferred to the high court in 2019. Then various dates were fixed for hearing and for various reasons, the dates were vacated.

“The matter then was fixed for full trial on April 3, and the prosecution gave reasons to vacate the trial date by giving the reason that the AG needs time to consider the representation. September is too long a date for mention… A short (mention) date of two months (in July) should be sufficient to put pressure on them (prosecution) to get an early decision,” said Kumaraendran.

The court then fixed August 9 this year for case management to enable the prosecution to update it on the status of the representation.

Najib filed his representation two years ago, but it was rejected while the first representation sent by Irwan in 2020 was not replied to by the AGC, prompting Irwan to send another representation in March this year.

On October 24, 2018, Najib, 69, and Irwan, 66, pleaded not guilty to the six charges, which were framed under Section 409 of the Penal Code and read together with Section 34 of the same law, which provides for up to 20 years’ jail and whipping, and possibly a fine, on conviction.

They allegedly committed all the offences at the Finance Ministry Complex, Federal Territory of Putrajaya, between December 21, 2016 and December 18, 2017.

Meanwhile, in separate proceedings for Najib’s money laundering case involving SRC International Sdn Bhd funds of RM27 million, high court judge K. Muniandy today fixed August 18 for case management.

The date was fixed after deputy public prosecutor Mohd Ashrof Adrin Kamarul told the court that United Kingdom-based King’s Counsel Jonathan Laidlaw’s appeal for admission as a lawyer to represent Najib in the SRC International trial would be heard on August 10 by the Federal Court.

“Your Lordship, Najib’s application to review the decision in the SRC International RM42 million misappropriation case at the Federal Court has been completed. However, the hearing for Laidlaw’s appeal was set for August 10. In this connection, I would like to apply for another date to inform this court on the status of the case,” he said.

On February 3, 2019, Najib pleaded not guilty to three charges of receiving a sum of RM27 million in unlawful proceeds through three AmPrivate Banking accounts belonging to him.

He allegedly committed the offences at AmIslamic Bank Bhd, Bangunan Ambank Group, Jalan Raja Chulan on July 8, 2014.

The charges, under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, provide for a maximum jail term of five years and RM5 million fine, or both, on conviction. – Bernama, May 29, 2023

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