We have obtained a copy of the actual charge sheet of PP v Najib when our ex-PM was charged in the court this morning.

The actual charge sheets read 4 different charges:

(a) 1 under Section 23 Malaysian Anti-Corruption Commission Act 2009;

(b) 3 separate charges under Section 409 Penal Code (5, 27 and 10 million Ringgit Malaysia).

The actual sections are reproduced below:

Section 23 MACC Act 2009 — Offence of using office or position for gratification

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

(2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.

(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a state shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the constitution or Laws of the Constitution of that State.

(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.

The Sentencing provision is under Section 24 MACC Act 2009:

S24 Penalty for offences under sections 16, 17, 18, 20, 21, 22 and 23

(1) Any person who commits an offence under sections 16, 17, 20, 21, 22 and 23 shall on conviction be liable to-

(a) imprisonment for a term not exceeding twenty years; and

(b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher.

Section 409 Penal Code — Criminal breach of trust by public servant or agent

Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to fine.

The High Court set bail at RM1 million but the question is, can the bail be paid in installment under S390 CPC? we have consulted several criminal practitioners and the reply seem to be different. At the time of writing, we are not sure whether the “installment” will be challenged by the prosecution but it will be good to hear from the criminal law experts.

The charges also appear to be different from the old charge sheet made available by Sarawak Report in 2015.

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