Court fixes Monday for Roger Ng's bail bid pending extradition case
Former Goldman Sachs banker Roger Ng's application for bail pending his extradition proceeding will be decided by the Kuala Lumpur Sessions Court on Monday.
Ng is being sought by the US to face charges related to 1MDB...
Former Goldman Sachs banker Roger Ng's application for bail pending his extradition proceeding will be decided by the Kuala Lumpur Sessions Court on Monday.
Ng is being sought by the US to face charges related to 1MDB.
Judge MM Edwin Paramjothy said he needed time to decide on the application filed by Ng’s counsel Tan Hock Chuan.
Tan had filed an application for Ng to be granted bail before the hearing of the extradition case, given that this was the latter's first appearance in such a proceeding.
Ng’s counsel had said that the court can, by law, agree to grant bail before the extradition proceeding is heard.
Tan cited previous instances in which bail had been granted for extradition cases, after the person's first appearance in court.
Additionally, the lawyer referred to his limited access to Ng, as he was only granted one hour a week to meet the former banker.
Tan also pointed to his client's medical condition, with Ng being warded for five days at the Sungai Buloh Hospital for fever and severe diarrhoea last month.
"His attorney from the United States has also been denied a meeting with him by the prison authorities, " he said.
Tan also wanted the prosecution to clarify which cases it is prioritising.
In Malaysia, Ng is currently facing four counts of abetting Goldman Sachs by omitting facts and making untrue statements in relation to 1MDB guaranteed notes and bonds amounting to US$6.5 billion issued between 2012 and 2013.
This is in addition to the extradition request by the US Department of Justice.
"For the Malaysian charge here, the principal offender which the prosecution has charged is Goldman Sachs, a company incorporated in the United Kingdom.
"Hence, the prosecution has to provide an indication to us whether they are prioritising the extradition or the Malaysian charge, " Tan told the court.
Ng's US attorney Marc Agnifilo was also in court today to observe the proceedings.
Tan said the court can impose stern conditions on bail, including electronic tracking which the police can utilise, reporting to the police, surrendering Ng's international passport, as well as house arrest.
"What is important is that my client be granted bail so we could gain access to him to receive instructions," he said.
DPP Nik Syahril Nik Ab Rahman objected to bail as there was no formal written application made by Tan.
He said the defence should file the application with supporting documents so that it could respond via an affidavit.
Ng had been remanded since Nov 1, last year, following the DOJ charge imposed on him.
His provision order was only signed by the Home minister last December 6.
Tan, in response, said in bail proceedings, one could make an oral application and he pointed that his client's charge under the Capital Markets and Financial Act was a bailable offence.
He also pointed out that although bail was refused at the High Court on Dec 13, when they made an application against the remand order for 60 days by the magistrate, the Sessions court here is not bound by the decision as he had not been ill then.
Following that, the Sessions judge fixed Monday to deliver his decision.
In extradition cases, should an accused person be allowed to be extradited, the lawyer can still file a habeas corpus application for his client to be released and this is appealable to the Federal Court.
However, if the prosecution fails to gain the necessary order to extradite, they can review the decision at the High Court.
Agnifilo told Malaysiakini that if his client is extradited to the US, he can expect an eight-month hearing period.
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