In Malaysia’s criminal justice system, a peculiar legal instrument - Discharge Not Amounting to an Acquittal (DNAA) - has come under public scrutiny, especially in the wake of its increasing use in high-profile cases. Designed to uphold judicial efficiency when evidence is lacking or pending, DNAA is theoretically a neutral procedural mechanism. However, its recurring application in cases involving political elites and influential figures has triggered a national concerns on whether this tool is facilitating justice or enabling impunity.
A DNAA allows the court to release an accused individual without permanently clearing them of the charges. This means the person could be charged again if new evidence emerges. While this principle offers flexibility and reduces the burden on courts overwhelmed with backlogged cases, its misuse - or perceived misuse - raises alarms about selective justice.
Parliamentary data recently revealed by Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, shows that 40 per cent of DNAA cases involving high-profile individuals in Malaysia over the past seven years occurred within the last two years. These VIPs include royalty, senior politicians, judges, and top government officials - precisely the echelon from which the public demands the highest level of accountability.
In total, 18 DNAA cases involving VIPs were recorded between 2018 and early 2024, with seven of them taking place in just the last two years. Breakdown of the data shows two cases in 2018, followed by three in 2019. The number peaked in 2020 with five cases, dropped to one in 2021, and none were reported in 2022. However, the figure surged again in 2023 with five cases, and two more were recorded in early 2024.
Public perception is that the DNAA mechanism is increasingly seen as a legal escape hatch for the powerful. Its opaque application, especially in corruption and abuse-of-power cases, weakens public confidence in the judicial system. The concern is that DNAA is being exploited not due to lack of evidence, but due to possibility of political interference, prosecutorial hesitation, or backdoor deals.
Article 145(3) of the Federal Constitution empowers the Attorney General (AG) to initiate or discontinue any prosecution, except for cases in Syariah courts, native courts, or military courts. "The Attorney General exercises this power at their discretion, taking into account evidence provided by enforcement agencies and any new findings or developments that arise during the course of the trial," the minister said.
While legally sound, this vast discretion becomes problematic when decisions appear to shield the elite rather than serve justice. The public's frustration is amplified when juxtaposed with ordinary citizens facing the full weight of the law for minor infractions, while VIPs walk away from courtrooms without clear verdicts.
In response to mounting public concern, Azalina highlighted ongoing reform efforts such as legal studies in collaboration with universities and the launch of AI Legal Justice 2025, a roadmap to introduce artificial intelligence into legal procedures to improve transparency and consistency. Whether these reforms can restore faith in a system marred by suspicion remains to be seen.
Ultimately, the use of DNAA demands a delicate balancing act between efficiency and accountability. If misapplied, this tool risks transforming the legal system into a playground for the privileged: undermining not only justice, but democracy itself. The question Malaysians must now confront is stark: Is DNAA being used to uphold the rule of law or to quietly bypass it?
By: Kpost
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