The prosecution have failed to present their case at today’s case management hearing of the SRC RM27 million money laundering charges imposed on Najib Razak
KUALA LUMPUR – Tan Sri Shafee Abdullah, the defence counsel for former Prime Minister, Datuk Seri Najib Tun Razak, informed the High Court today that since the prosecution is not able to present their case at the case management session today, then it is only fair that his client be discharged and acquitted of those charges.
Deputy Public Prosecutor Mohd Ashrof Adrin Kamarul said the Attorney-General’s Chambers (AGC) needs more time to review the application which was sent to them in August last year.
Shafee had sought a DAA from the court saying that the case had been going on for too long.
“It has been (fixed) for 26 days for case management alone before Justice Mohamed Zaini and for four days of case management before you (Justice Muniandy).
Charges on Najib Groundless
“We can see the difficulty of the prosecution in making up its mind. It shows that the charge can be regarded as groundless and therefore an order of DAA is, in fact, in order.
“In light of this, I seek a DAA for the three charges before you,” Shafee said.
DPP Ashrof then objected to Shafee’s request.
He said the prosecution was only seeking time to consider the representation sent by Najib to the AGC.
“I understand that the case has been (ongoing) since 2019. But I am instructed to seek another case management date.
“I cannot agree to what Muhammad Shafee is asking for,” he said.
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Miscarriage of Justice
Shafee replied that it would be a miscarriage of justice to delay the case any further.
“I think the least we can do is DNAA. If they (want) to proceed with the case, they can just charge (my client again),” he added.
Justice Muniandy then said the court would proceed with new hearing dates, slated for 17, 18, 19 and 23, 24 Sept and the defence would be at liberty to apply for a DAA or a DNAA should the trial not begin.
The judge said that the former prime minister can argue this case if the prosecution has yet to decide on his representation letter to a review of all charges.
On Feb 3, 2019, Najib claimed trial to three other charges of money laundering by accepting proceeds from illegal activities amounting to RM27 million through his three AmPrivate Banking accounts.
He allegedly committed all the offences at AmIslamic Bank Berhad, AmBank Group Building, No. 55, Jalan Raja Chulan on 08 July 2014, under Section 4 (1) (a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
He faces a maximum fine of RM5 million or imprisonment of up to five years, or both, if convicted.
Najib is currently serving a 12-year jail sentence in Kajang Prison after the Federal Court had on 23 Aug 2022, upheld the conviction and jail term and a fine of RM210 million against him after finding him guilty of misappropriating SRC International Sdn Bhd funds amounting to RM42 million. – NMH
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
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