Home Law Buzz Exclusive: Najib Razak Is Handed 25 Charges Over The RM2.6Bil And We...

Exclusive: Najib Razak Is Handed 25 Charges Over The RM2.6Bil And We Have The Detailed Charges!!

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Ex-Prime Minister Najib Razak has his day in court…Again!

Najib exiting MACC headquarters earlier this morning (20th September) Credits: Bernama

*Updated as 5.35pm.

The disgraced former Prime Minister, Najib Razak, is slapped with 25 fresh new charges in his 3rd round in court.

This would bring the total amount of charges current against his to a staggering 32 charges.

The former PM is already charged with;

  • 3 counts of criminal breach of trust in July;
  • 1 count of receiving bribery; and
  • 3 counts of money laundering in regards to the money he received from 1MDB subsidiary, SRC International. 

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Yesterday (19th September) Former Prime Minister Najib Razak was arrested at the Malaysian Anti Corruption Commission (MACC) headquarters in Putrajaya.

The incident occurred at 4.13 pm. It was carried out in relation to the infamous RM2.6 Billion found in the former head of the government’s private account.

MACC had released a press statement confirming the arrest. 

 

The press released by the MACC

Following a 16-hour stint of questioning by the MACC, the former PM was released today (20th September) into the custody of the police for further questioning.

The PDRM has since released a press statement confirming the arrest.

The statement listed out that Najib will face up to 21 CHARGES under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA).

He would be charged under Section 4(1) of the Act. 

Off the 21 charges under the anti-money laundering act;

  • 9 counts of receiving illegal money;
  • 5 counts of the use of illegal money; and
  • 7 counts of transferring illegal money to other entities. 

Najib pleaded not guilty to all charges that were read out in the Kuala Lumpur Sessions Courts.

The former PM is charged with 4 counts of under Section 23(1) and Section 24(1) of the Malaysian Anti-Corruption and Commission Act 2009.

Section 23(1) states that: 

Section 23(1) – Any officer of a public body who uses his office or position or any gratification, whether for himself, his relative or associate, commits an offense.

In short: Section 23(1) states if a person who works in a public body – aka the government in this case – and uses his position for gratification @ ‘tak-halal-punya business’ for himself, for his family or for his friend; his has committed a crime. 

Note that under the MACC Act 2009, the word ‘gratification’ means money, DONATION, gift, loan, reward, fee and etc. 

If convicted of the charges, Najib risk facing up to 20 years IMPRISONMENT, or a minimum FINE of RM10k – which can be increased to a maximum of 5x the sum of the ‘donation’, or BOTH for each charge.

FYI, 5x of RM2.6 Billion is RM13 Billion. 

Money that will be flowing

Aside from that, there were 21 charges under Section 4(1) of the AMLATF Act 2001.

Section 4(1)(a) applies to anyone who engages in a transaction that involves proceeds from an unlawful activity or activities instrumental to an offence.

If convicted under Section 4(1) of the AMLATFA 2001, Najib faces up to 15 years IMPRISONMENT or be FINED 5 times the amount allegedly received or BOTH.

This is the similar charge in which Najib’s lawyer, Shafee Abdullah was charged with just barely a week ago.

He has since been given bail of RM3.6mil with 2 sureties.

Najib is expected to spend a night at the Sungai Buloh prison as bail counters shut at 4.30pm.

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The RM2.6 Billion ‘donation’ which Najib Razak is charged for has been a recurring scandal both nationally and internationally.

The ‘donation’ took place in 2013 when an amount totaling RM2.6bil was wired into Najib’s personal bank account in AmBank.

It was only in July 2nd, 2015, that the scandal broke with an expose by the Wall Street Journal. The expose detailed possibilities that money had flowed into the former PM’s private accounts amid then 1MDB investigations.

Following the expose, Najib Razak was quick to inform that the monies were donations from the Saudi royal family.

He had also stated that Bank Negara was well aware of the transactions.

In his own words:

There is no intention at all to cheat or to commit an offence because Bank Negara had been notified about the existence of this account.

However, despite all that public backlash was quick and furious.

Protest such as BERSIH 4.0, which lasted 2 days, were held calling for Najib’s resignation…

Throwback pic to Bersih 4.0 Credit Mohd Rasfan/Agence France-Presse — Getty Images

And numerous other satirical cartoons have been created about the scandal.

Credit: Zunar

What do you think of Najib’s new charges?