KUALA LUMPUR, Nov 27 — The High Court today granted a discharge not amounting to acquittal (DNAA) to former prime minister Datuk Seri Najib Razak and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah on six charges of criminal breach of trust involving government assets worth RM6.6 billion.
Judge Datuk Muhammad Jamil Hussin made the decision after allowing the DNAA application submitted by lawyers Tan Sri Muhammad Shafee Abdullah and Datuk Seri K. Kumaraendran, who acted for Najib and Irwan, respectively.
“Based on the facts and arguments presented by both counsels, as well as the circumstances of the case, I am exercising my inherent power to discharge not amounting to acquittal the first (Najib) and second (Irwan) accused from all six charges,” the judge said.
In his brief judgment, Jamil said there were three reasons considered by the court in making the decision.
“The first reason is the prosecution did not fully comply with the provisions under the Criminal Procedure Code (CPC). The second reason is the DNAA order does not prejudice the prosecution, as they can re-charge both accused persons.
“The third reason is this case was registered in 2018, but the trial could not proceed despite several scheduled dates as the prosecution did not fully comply with the provisions of Section 51A of the CPC. This is an excessive delay,” said the judge.
Section 51A of the CPC stipulates the prosecution must provide certain documents to the defence before the trial begins.
Jamil also ordered the RM1 million bail to be returned to Najib and Irwan.
Earlier, Shafee and Kumaraendran submitted that the court could exercise its inherent power to issue a DNAA order, even though no application had been made by the prosecution, on the grounds the prosecution had still failed to provide the documents requested by the defence.
“This case has been going on for too long, it has been six years. I pray your Lordship will conclude it today,” said Kumaraendran.
On Monday, deputy public prosecutor Muhammad Saifuddin Hashim Musaimi told the court the prosecution does not have control over classified documents that will be declassified before use in the trial as it is subject to agencies holding the documents.
He said the documents involved were from Cabinet meetings, the Finance Ministry, the Energy and Water Transition and Transformation Ministry, and the then Land Public Transport Commission under the Road Transport Department.
The trial was postponed four times this year, namely, to June 4 and 19, July 22 and November 25, to give the prosecution time to declassify the documents before handing them over to the defence.
This is the second application by Najib and the third by Irwan for a DNAA on the six charges. Najib had also filed an application for a permanent stay of proceedings in the case on Monday, but it was rejected by the court.
On October 24, 2018, Najib and Irwan pleaded not guilty to the six charges of CBT involving the Malaysian government’s assets amounting to RM6.6 billion, in connection with payments to IPIC.
On the first count, Najib, 71, and Irwan, 67, were jointly charged with CBT involving RM1.2 billion in their capacity as finance minister and Treasury secretary-general, respectively, and who were entrusted with the dominion of the funds belonging to the Malaysian government.
For the second charge, Najib and Irwan were jointly charged, while holding the same post, CBT involving RM655 million belonging to the Malaysian government entrusted to them.
On the third count, they were jointly charged, in their capacity as public servants and holding the same post, with CBT involving RM220 million belonging to the Malaysian government in Federal Consolidated Fund under “Belanja Mengurus di bawah Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 021700 KL International Airport Bhd” that were entrusted to them.
For the fourth charge, both of them, while in the same capacity, were also charged with CBT of RM1.3 billion that were entrusted to them Federal Consolidated Fund under “Maksud B11 Perkhidmatan Am Perbendaharaan, Aktiviti 020500 Subsidi Dan Bantuan Tunai”, belonging to the government of Malaysia.
On the fifth and sixth charge, Najib and Irwan were jointly charged, while in the same capacity, with having committed CBT of CNY1,950,000,000 (worth RM1,261,065,000) and RM2 billion, respectively, belonging to the government.
Najib and Irwan were alleged to have committed all the offences at the Finance Ministry in Putrajaya between December 21, 2016, and December 18, 2017.
They were charged under Section 409 of the Penal Code, read together with Section 34 of the same code, which provides for a maximum jail term of 20 years and whipping, and fine, if convicted.
Meanwhile, Irwan said he was grateful that after six years and two months, the case was finally resolved.
“Praise be to God, the court made the right decision. I am confident there is no case against me as everything was done in accordance with government procedure. I hope I can go for umrah after this,” he said when met by reporters outside the court.
— Bernama
