Rm6 6b Cbt Case Hung Over My Client S Head For 5 Years Irwan S Lawyer

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The RM6.6 billion criminal breach of trust (CBT) case has hung over former treasury secretary-general Mohd Irwan Serigar Abdullah’s head for five years, his defence counsel informed the criminal court.
K Kumaraendran told the High Court in Kuala Lumpur this morning that it should set mention of the case in July to “pressure” the prosecution to make a decision over Irwan’s letter of representation in the case linked to the International Petroleum Investment Company (IPIC).
Back on April 3, trial judge Muhammad Jamil Hussin vacated the scheduled trial that day against Irwan (above) and former prime minister Najib Abdul Razak, in order to allow the Attorney-General’s Chambers (AGC) to decide whether to allow Irwan’s representation.
In a letter of representation, the accused party proposes a way to resolve a legal matter, such as via the withdrawal of charges, or for a lesser charge to be put forward.
During the open-court mention of the case, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi sought another mention date in September to allow Attorney-General Idrus Harun to decide on Irwan’s representation.
The prosecutor said it is because the matter involved over RM6 billion and multiple issues that need more time for Idrus to peruse.
However, Kumaraendran had counter-proposed that the mention date be set in July instead.
“The charge has been hanging on my client’s head for five years. He (Irwan) was charged (at the Sessions Court in Kuala Lumpur) 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.
“Last time on March 3 (last year), I applied for a DNAA (discharge not amounting to an acquittal for Irwan) and your lordship rejected it.
“The matter was fixed (for full trial) on April 3, and they (prosecution) give reasons (to vacate the trial date) by giving the reason that the AG needs to consider the representation.
“September is too long a date (for mention),” Kumaraendran said, adding that it was not fair towards Irwan.
“A short (mention) date of two months (in July) should be sufficient to put pressure on them (prosecution) to get an early decision (by AGC over Irwan’s representation),” he said.
Defence counsel K KumaraendranNajib’s lawyer Muhammad Shafee Abdullah informed the court that they have no objection to the setting of another mention date for the case.
Jamil then fixed Aug 9 for further mention of the CBT case against Najib and Irwan.
The present case against Najib and Irwan mainly revolved around 1MDB’s dealings with IPIC, particularly a 2017 settlement between the two parties in which the troubled Malaysian sovereign fund paid US$1.2 billion to the Abu Dhabi state-owned company.
This was after IPIC backed out from its 2015 deal to bail out 1MDB, which, at the time, struggled to pay a bank loan.
1MDB is fully owned by the Minister of Finance Incorporated (MOF Inc). Najib was the then finance minister while Irwan used to serve under him in the ministry.
On Oct 25, 2018, before the Sessions Court, Najib and Irwan pleaded not guilty to six counts of CBT of RM6,636,065,000 of funds belonging to the government.
Najib and Irwan were alleged to have committed all the offences at the Finance Ministry Complex in Putrajaya between Dec 21, 2016 and Dec 18, 2017.
They were charged under Section 409 of the Penal Code, read together with Section 34 of the same code, which provides for a maximum jail term of 20 years, whipping, and a fine, if found guilty.
The case was later transferred to the High Court.
Jointly charged
On the first count, Najib and Irwan were jointly charged - in their capacity as finance minister and Treasury secretary-general respectively who were entrusted with RM1.2 billion belonging to the Malaysian government - with committing CBT of the funds.
Former prime minister Najib Abdul RazakFor the second count, Najib and Irwan were jointly charged - in the same capacity as their then positions - with committing CBT of RM655 million belonging to the Malaysian government which was entrusted to them.
On the third charge, they were jointly accused - in their capacity as public servants and holding the same positions - of committing CBT of RM220 million belonging to the government in Federal Consolidated Fund - under “Belanja Mengurus di bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Berhad (KLIAB)” - that were entrusted to them.
The duo was also jointly charged - while in the same capacity - with CBT of RM1.3 billion, which was entrusted to them by the Federal Consolidated Fund under “Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 020500 Subsidi Dan Bantuan Tunai”, belonging to the Malaysian government.
On the fifth and sixth counts, they were jointly charged, while holding the same capacity - with committing CBT of Chinese yuan 1,950,000,000 (worth RM1,261,065,000) and RM2 billion, respectively, that belonged to the government.
Najib and Irwan allegedly committed all the offences at the Finance Ministry Complex in Putrajaya between December 21, 2016 and December 18, 2017.
The charges were framed under Section 409 of the Penal Code, read together with Section 34 of the same code, which specifies a maximum jail sentence of 20 years, whipping, and a fine, if found guilty.
However, due to the current ages of Najib and Irwan exceeding 50-69 and 66 respectively - as well as the charges not involving sexual offences - the duo would be spared the rotan (cane) if convicted. - Mkini

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