The Kuala Lumpur High Court today decided to discharge without acquittal (DNAA) former Prime Minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah, over charges of criminal breach of trust involving RM6.6 billion of government funds. This decision came after procedural delays and the prosecution’s failure to submit key documents, a ruling that was met with relief from Najib’s supporters, who believe the case lacked sufficient grounds.
KUALA LUMPUR: The Kuala Lumpur High Court today delivered a surprising verdict, discharging without acquittal (DNAA) former Prime Minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah from six charges of criminal breach of trust involving RM6.6 billion in government funds, allegedly related to a settlement between Malaysia and the Abu Dhabi state investment firm, International Petroleum Investment Company (IPIC).
The charges are tied to a series of transactions between December 2016 and December 2017, during which Najib and Irwan were accused of authorizing payments on behalf of the Malaysian government related to IPIC’s settlement over liabilities connected to 1MDB.
In his ruling, High Court Judge Datuk Muhammad Jamil Hussin cited procedural delays and the prosecution’s failure to provide necessary documents for the defense’s preparation. Among the documents in question were Cabinet meeting minutes and key records from the Ministry of Finance, the Ministry of Natural Resources, and the Ministry of Transport.
Judge Muhammad Jamil emphasized that the case, which was filed in 2018, faced “excessive delays” despite several trial dates being set. He noted that the prosecution’s failure to meet its obligations under the Criminal Procedure Code (CPC) provided valid grounds for the decision to discharge the accused without acquittal.
“This decision does not prejudice the prosecution. They may still bring charges again in the future,” the judge said, referring to the possibility of the prosecution re-charging both men.
Reaction from Najib’s Supporters
The ruling was met with relief by Najib’s supporters, who had gathered at the courthouse today. Several supporters were seen expressing their gratitude, with some shouting “Syukur” (“Thank you, God”) upon hearing the judge’s decision.
One supporter, Mus Yusof, remarked, “We are so relieved to hear this decision. It’s been six years, and it’s very clear that the prosecution does not have a strong case against DSN (Datuk Seri Najib). We hope he will be granted DAA (Discharge and Acquittal) soon.”
“Similarly, we hope justice will be served in the other cases involving him. We hope PM6 (Prime Minister 6) will be given the proper justice,” Mus added.
While Najib’s legal team welcomed the decision, they also remained cautious, noting that the prosecution still has the opportunity to refile charges if the necessary legal requirements are met. Najib’s lawyer, Muhammad Farhan Muhammad Shafee, emphasized that the court had acted within its jurisdiction and that the ruling was in accordance with the law.
Legal Context: DNAA vs. DAA
A Discharge Not Amounting to Acquittal (DNAA) means the accused is released from the charges, but the case is not entirely closed. This means the prosecution still has the option to bring the case back to trial in the future. In contrast, a Discharge and Acquittal (DAA) means the case is permanently closed, and there is no possibility of re-charging the accused.
The case against Najib and Irwan is part of the larger 1MDB scandal, in which billions of dollars from Malaysia’s sovereign wealth fund were allegedly embezzled, leading to investigations and prosecutions in multiple countries. The 1MDB cases involve numerous officials accused of misappropriating funds, but only Najib has been convicted and sentenced to prison (in the SRC International case) on August 23, 2023.
Background of the Case
The charges against Najib and Irwan stemmed from the alleged misappropriation of RM6.6 billion in government funds while Najib was still in power. These funds were reportedly linked to payments made in relation to a settlement with IPIC regarding debts tied to 1MDB (1Malaysia Development Berhad).
Despite being convicted in another corruption case, Najib has consistently denied any wrongdoing and maintained that he was unaware of any illicit transactions involving 1MDB funds. He is currently serving a prison sentence related to corruption charges but has applied to serve the remainder of his sentence under house arrest.
Najib’s legal team is hopeful that today’s ruling may lead to a resolution, as they have been pushing for the charges to be permanently dropped. However, as the judge noted, the case is not fully closed, and the prosecution retains the right to pursue charges in the future. – 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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