Former prime minister Datuk Seri Najib Razak's money laundering case involving RM27 million of SRC International Sdn Bhd funds could potentially be dropped if the prosecution is not prepared to proceed with the trial in September, according to the High Court. Justice K.
Muniandy stated that the defence would have the option to apply for a discharge and acquittal (DAA) or a discharge not amounting to an acquittal (DNAA) if the trial did not take place as scheduled. To accommodate this possibility, Justice Muniandy vacated the previously fixed hearing dates and set a new five-day hearing from September 17 to 19, as well as September 23 and 24. Najib's lead counsel, Tan Sri Muhammad Shafee Abdullah, argued for a DAA, reasoning that the case had already been ongoing for a significant amount of time.
He pointed out that the proceedings had stretched for 26 days of case management before Justice Mohamed Zaini Mazlan (who has since been elevated to the Court of Appeal) and an additional four days of case management before Justice Muniandy. Muhammad Shafee further argued that the prosecution's hesitation suggested that the charges could be baseless, making a DAA appropriate. However, Deputy Public Prosecutor Mohd Ashrof Adrin Kamarul objected to the request for a DAA.
He explained that the prosecution was seeking more time to consider the representation sent by Najib to the Attorney General's Chambers. While acknowledging that the case had been ongoing since 2019, Kamarul requested another case management date to review the matter further. In response, Muhammad Shafee contended that further delays would be a miscarriage of justice, suggesting that a discharge not amounting to an acquittal would be more suitable.
He proposed that if the prosecution wished to move forward with the case, they could simply reissue the charges against his client. Justice Muniandy then acknowledged the prosecution's request for additional time but also indicated that the court would proceed with new hearing dates. He granted the defence the right to apply for a DAA or a DNAA if the trial failed to commence as scheduled. To provide context, it is worth mentioning that on February 3, 2019, Najib pleaded not guilty to three charges of money laundering.
The charges alleged that he accepted proceeds from unlawful activities totalling RM27 million through his three AmPrivate Banking accounts at AmBank Group Building, located on Jalan Raja Chulan in Kuala Lumpur, on July 8, 2014. These charges were filed under Section 4 (1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (AMLATFPUAA) 2001. In the event of conviction, Najib could face a maximum fine of RM5 million, imprisonment for up to five years, or both.
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