THE drama of Najib Razak being charged with corruption this morning was only upstaged by the verbal fisticuffs between the attorney-general and lead defence counsel over the bail amount.

After hearing arguments from both parties, the court set bail at RM1 million and ordered Najib to surrender his two diplomatic passports.

But before that, Najib’s lead counsel Muhammad Shafee Abdullah accused Attorney-General Tommy Thomas of trying to start “a boxing match” with “the defence’s hands tied behind their backs”.

It started when Thomas requested for bail to be set at RM4 million in cash with two sureties. Shafee immediately objected, saying his client was not a flight risk and was willing to surrender his passports. 

“He (Najib) is not a flight risk. Reasonable amount should reflect the bail as it is not to punish. 

“The reason for bail is to secure attendance in court. There is never a suggestion that my client is a flight risk,” Shafee told the court. 

Thomas responded that RM4 million was a reasonable amount as the 1MDB case knew  international fame.

“Look at it from the constitution and perspective of public interest and the courts. How my learned friend downplayed the RM42 million charge which the whole world has known. This has brought shame to the country.”

Shafee then offered a guarantee on Najib’s Langgak Duta residence in lieu of RM4 million. 

“They have frozen his account, his wife’s and even his children’s accounts. We want it (the bail) to be switched into a land title. His Duta house,” he said. 

This offer was vehemently rejected by Thomas, claiming the deal would just trouble the court.

“We accept that the Taman Duta bungalow is more than RM4 million. If they abscond, the court will have to sell the land. 

“Why should the prosecution and the court be saddled with the problem of selling the properly?” he said.

Shafee pointed out that Najib was not trying to leave the country and that he guaranteed he would be present in court as they had a fighting chance of winning the case

“We are pretty confident about this case and we want to proceed as soon as possible,” he said. 

After about an hour of arguments, Justice Sofian Abd Razak decided on the sum of RM1 million. The High Court judge, however, ordered that half be paid today and the rest be paid before 3pm on Monday.

The judge also ordered Najib to surrender his two passports and to produce two sureties. The sureties were Najib’s children Nooryana and Norashman.

Najib’s wife, Rosmah Mansor, was not in court. She turned up after proceedings to briefly meet with him.

The attorney-general and lead counsel were at it again moments later when the matter of a gag order was raised.

Shafee asked for a gag order on digital and print media to stop them from discussing the merits of the case, which he said was making Najib look guilty to the public. 

“There should be a gag order. There is a trial by media. It is coming from ministers and the finance minister who are condemning my client.  It is not going to be a fair trial if this continues,” Shafee said.

Thomas once again objected. 

“We will object strenuously. The rest of the world is talking about it. The rest of the world will be commenting on the case and Malaysians will be keeping quiet. 

“They (defence) need to make a formal application; we will vigorously oppose,” he said. 

Justice Sofian allowed a 14-day interim gag order, adding that Shafee has to make a formal application.

Thomas once again raised an objection: “We are not convinced that Malaysian courts have jurisdiction on issuing a gag order. Our constitution, Section 10(1a) gives us the freedom of expression and speech.”

The judge ordered Shafee to submit a copy of the gag order application to him and the Attorney-General’s Chambers tomorrow. 

Earlier, Najib claimed trial at the sessions court to three counts of criminal breach of trust and one count of using his position for gratification.

The four charges, under the Penal Code and Malaysian Anti-Corruption Commission Act, were heard before sessions court judge Zainal Abidin Kamaruddin.

Each charge carries a maximum jail term of 20 years and a fine. – July 4, 2018.