N Sivananthan said in imposing the bail, Sessions Court judge Azura Alwi had also refused to impose additional conditions as requested by the prosecution.
“I do not think the bail amount is punitive and there is no cause for complaint,” he said, adding that the judge had been judicious in using her discretion in deciding on the bail amount which was a “fair sum”.
Further, he said Azura had allowed the bailors to settle the amount in instalments by next week.
Sivananthan said this in response to the judge deciding on Thursday the RM3.5 million bail when the prosecution had initially suggested that no bail be offered.
Ad-hoc prosecutor Gopal Sri Ram, in the alternative, had suggested a RM5 million bail if the court wanted Najib to be free pending the outcome of his trial.
Sri Ram urged the court to restrain Najib from discussing the case in public and also from meeting his supporters.
He said Najib’s conduct was that of a “kleptocrat of unparalleled proportion” and the nation had got global publicity for the wrong reasons.
Sri Ram claimed Najib had the propensity to tamper with evidence.
Najib’s lawyer Muhammad Shafee Abdullah, who took objection to Sri Ram’s statements, requested a bail of only RM500,000 as his client was not a flight risk.
“He had cooperated with the police and the Malaysian Anti-Corruption Commission officers in the course of their investigations,” he said.
Another lawyer, M Visvanathan, said the aim of bail was essentially to secure the attendance of the accused persons when the trial is in progress.
“It will be seen as punishing the accused if the court had ordered a higher amount. Najib is still innocent until proven guilty.
“He is entitled to his freedom until the court makes a ruling after a trial,” he added.
Visvanathan said Najib was already on a RM1 million bail after he claimed trial in July and August to seven counts of criminal breach of trust, abuse of power and money laundering.
These charges were over the transfer of RM42 million to his personal bank account from former 1MDB subsidiary SRC International.
The fresh 25 charges were in connection with the alleged transfer, receiving and giving out of RM2.282 billion belonging to state investment fund 1MDB.
Najib’s two bailors yesterday paid the first instalment of RM1 million at the Sessions Court registry yesterday while the remaining RM2.5 million will be settled by next week.