Najib and Irwan Granted Discharge in RM6.6 Billion CBT Case
Former Malaysian Prime Minister Datuk Seri Najib Razak and former Treasury Secretary-General Tan Sri Mohd Irwan Serigar Abdullah were granted a discharge not amounting to acquittal (DNAA) today in a high-profile trial involving RM6.6 billion of government funds. The ruling was made by High Court judge Datuk Muhammad Jamil Hussin after the defense submitted formal applications requesting the DNAA.
The judge stated that the decision was based on several key considerations. First, he highlighted that the prosecution had failed to comply with Section 51A of the Criminal Procedure Code (CPC), which mandates the prosecution to furnish certain key documents to the defense before the trial begins. Second, he noted that granting a DNAA does not disadvantage the prosecution, as they retain the right to recharge the accused if necessary. Finally, the judge expressed concerns over the significant delay in the proceedings, emphasizing that the case, registered in 2018, had yet to progress to trial despite numerous scheduled dates.
These are my brief grounds. First, the prosecution failed to abide by Section 51A of the CPC. Second, the DNAA does not prejudice the prosecution as they can recharge the accused. Third, this case was registered in 2018 but the trial cannot proceed even when trial dates have been set many times. This is an inordinate delay, Judge Muhammad Jamil said in his ruling.
The charges against Najib and Irwan, brought in October 2018, relate to six counts of criminal breach of trust (CBT) involving RM6.6 billion in government funds. These funds were reportedly linked to payments made to the International Petroleum Investment Company (IPIC), a corporation tied to the controversial 1Malaysia Development Berhad (1MDB) scandal. Both men had pled not guilty to the charges at the time.
Section 51A of the CPC is a critical provision that ensures the accused has access to necessary documents for preparing their defense. The failure of the prosecution to adhere to this requirement was a significant factor in the court’s decision to grant the DNAA.
While the DNAA does not equate to an acquittal, it effectively halts the trial proceedings without discharging the accused from the charges entirely. This means the prosecution may still reinitiate proceedings against Najib and Irwan if they can rectify the procedural shortcomings and address the delays that have plagued the case.
The decision adds another chapter to the legal troubles surrounding Najib, who has been implicated in multiple cases linked to the 1MDB scandal. It also underscores the challenges within Malaysia's judicial system, where procedural compliance and delays have often been points of contention.
For now, both Najib and Irwan remain free from the immediate threat of conviction in this case, although their legal battles are far from over.
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